Age Discrimination Claim Cases
Every day, our employment lawyers hear about age discrimination issues at the workplace. It is illegal for an employer to discriminate against someone based on age. Qualifications and the ability perform the essential job functions should serve as the only facts that an employer uses to decide whether or not to employ or keep that employee on staff. The reality is, however, many employers use other antiquated markers based on prejudices that they may hold. These can be things like race, ethnicity, sex, country of origin, religion, mental illness, and age. When employees use these markers to make employment-based decisions, it is considered discrimination, and discrimination is unlawful in the eyes of both federal and state laws. (Now, what the discrimination is based on may fluctuate from federal to state, and from state to state.) Fortunately, there are federal and state laws that have been put in place to protect employees from such discrimination. If you have any questions after reading this article, please contact our Los Angeles law firm for a free consultation. Our Los Angeles attorneys are able to help you anywhere in the State of California.
Employers cannot base their decisions based on your age – it is considered age discrimination and may give employees the right to sue and merit employees damages which they may have suffered as a result of the employer’s unlawful actions.
When an employee faces discrimination in the workplace, they must first file a charge with the EEOC, a government employment practice agency, before they can sue their employer. Only then can the employer (and any legal representative) bring a lawsuit against their employer for discrimination. Alternatively, you can also file a suit with HR. So how does one whose experienced age discrimination in the workplace file a charge with a government agency? We at California Labor Law Employment Attorneys Group can help you throughout the entire process and provide legal representation if you so need it. We help people who experience age discrimination and get asked questions regarding the legal process to file a suit against a current or former employer who discriminated against their employees. Examples of such questions include:
- How do I file an age discrimination claim with HR?
- How do I file an age discrimination lawsuit against an employer?
- Can I file an age discrimination claim while still employed?
What Is Age Discrimination?
It is unlawful for your employer to treat you differently simply because of your age. Even in the early and mid 20th century, it was lawful for employers to make a decision based on their employee’s age. That means that if you were old back in the day in America, an employer could fire you or force you to retire and it would not have been against the law. In 1967, Congress passed a law which prohibited employers from doing such an arbitrary act. The Age Discrimination in Employment Act (ADEA) forbids employers from discriminating against employees who are 40 years of age or older.
Some employers may want to discriminate because the younger employee/applicant may accept a lower pa and may not require as much training to learn new computer software to begin working and reach optimal efficiency. It is also considered discrimination if an employer overlooks an older worker for promotion and then hires a younger candidate to fill in that position, despite the qualifications of that older employee. An employer may not legally withhold any raises, bonuses, or other benefits from an older worker simply because of their age. Additionally, it is age discrimination if the employer does not allow or does not recommend an older employee to take training programs if younger coworkers in the same position are required to partake in it.
If you believe that you have been a victim of age discrimination, you may have the grounds to file a lawsuit against your employer. But before you go and figuratively throw a lawsuit claim against the face of your employer, there is something you must do first: You must first file a claim with the Equal Employment Opportunity Commission – a government agency which ensures that employers do not break the law in regards to the actions intended for their employees.
How Do I File a Claim With the EEOC?
There are many anti-discrimination laws that have been put in place in order to deter employers from treating their employees differently for something that is innate to their person. Things like race, sex, religion, country of origin, and more are all protected characteristics which protect employees. But even with all of these laws set in place, employers still act based on personal prejudice and wrongfully discipline employees. Employees can then file a claim against their employer and collect the damages to which they are rightfully entitled.
In order to file a lawsuit, the employee must first file a charge with the Equal Employment Opportunity Commission (EEOC). Unless you live in Charlotte, Chicago, New Orleans, Phoenix, or Seattle, you must submit your claim either in-person or by mail. (Residents of the cities listed have the option to submit a claim online.)
Filing in-person: Each office has its own procedures to deal with walk-ins and appointments, so it is always a good idea to check with the policies of your nearest EEOC office. In general, however, it is a grand idea to bring any documents that will help the EEOC understand your claim. Things like: the name and address of your employer, the reason for which you were told you were fired, the reason you believe you were discriminated against, names of any witnesses. You are free to bring any lawyer(s) if you require legal representation. When it comes to matters of employment law, it is a good idea to have one by your side as you answer questions which relate to your discrimination charge.
Via mail: You can also simply send them an envelope with all of the necessary documentation. Such documents include the following information which must be inside of the envelope:
- YOUR name, address, and telephone number;
- The name of your employer, along with address and telephone number;
- Number of employees that work with you;
- A description of the event(s) that took place which led you to believe you have been discriminated against;
- When the event(s) took place;
- Your signature!
It is of the utmost importance that you sign your letter. If you do not sign it, the EEOC cannot legally investigate it and you have to send all of your information all over again.
It is important to note that time is of the essence! You have 180 days to file your claim with the EEOC from the day against which you were last discriminated. If your state protects employees from the class of discrimination – in this case, age discrimination – your deadline is extended to 300 days. The state of California does protect age discrimination, and so you will have 300 days from the day you last experienced your discrimination.
How Do I File a Claim With Human Resources?
If you do not want to file a claim with the EEOC and want to deal with it on a more internal level, you can always file a charge with human resources (HR). Here are a few tips on how you should file your complaint with HR:
- Make your complaint in writing and be as specific as possible. This means you should explicitly write out “age discrimination” or “harassment;”
- Keep your complaint civilized, straightforward, and focused.
- Create a record for yourself with the communications with HR.
- Send a confirmation email to your HR representative to confirm that the conversation took place and indicate the points that were made during the conversation. E.g. “In our conversation, I told you about the ongoing age discrimination to which I am being subjected to on a near-daily basis.”
After you file a claim with HR, you should contact an employment lawyer to help you understand your rights.
We at the California Labor Law Employment Attorneys Group are here to help you get the damages that you deserve for being a victim of age discrimination. We offer free consultation and the zero-fee guarantee as our promise to our clients that we are here to represent you to the best of our ability.
Free Consultation and Zero Fee Guarantee
Our law firm offers free consultations to all people who believe they have been wronged by their employer or place of work. In addition, we offer a zero fee guarantee. We charge nothing upfront, and we collect fees only and only if we get you money. If we do not get you money, there will be no fees for our services.
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