Employees who are 40 years or older are protected from discrimination under both Age Discrimination in Employment Act (“ADEA”) and Ohio laws (R.C. § 4112.02(N), R.C. § 4112.05, or R.C. § 4112.14). Some employees over this age limit think that in order for there to be a case, the employer must expressly state that the reason is age or make age related comments. Not so.
A perfect example of the simplicity of an age discrimination claim can be found in the lawsuit brought on behalf of Terry Pierce against AT&T. According to the lawsuit, AT&T fired Pierce, 53 years old, after she worked without incident for 16 years as a sales coach manager. At the same time, AT& kept younger, lower-performing sales coach managers or allowed them to transfer to other position. In essence, the employer treated employees under the age threshold better than an employee over that threshold (or in the protected class). That was all that was alleged as part of the age discrimination lawsuit. Nothing more.
As a result, AT&T agreed to settle the case for $250,000 and other non-monetary relief. A sales coach manager for AT&T can make between $64,000 and $83,000 with bonuses.
The lesson is also simple: employers cannot discriminate based on age against older works.
If you are an employee over the age of 40 and believe that you are being discriminated because you are older than other employees; or have be wrongfully terminated and replaced with some younger than you, you may have an age discrimination claim under Ohio law or the federal Age Discrimination in Employment Act (ADEA). Even if you are not sure about your age discrimination claim, you should call the right attorney as quickly as possible to schedule a free and confidential consultation at 866-797-6040. Age discrimination claims have very short statute of limitations, which means that you only have a very short amount of time to figure out if you have an age discrimination claim and take action. It is unlawful for employers to treat older employees differently.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to any age discrimination claim questions or any particular employment law issue that you may have. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm or any individual attorney.