Age Discrimination FAQs
A Few Frequently Asked Questions About Age Discrimination:
Here are a few questions many people have when they think their employer has discriminated against them based on their age:
Can I Be Fired For Reporting Age Discrimination?
Age Discrimination Attorney: It is against the law for employers to retaliate against an employee for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying or participating in any way in an investigation, proceeding or litigation under the ADEA. To that end, it is critical to document your complaints of age discrimination in writing to your boss or HR. If you need help doing this, our employment law attorneys are available to help you write a complaint to submit to your employer.
What Are My Rights, And What Should I Do If My Company Is Offering Buyouts To Older Workers?
Age Discrimination Attorney: Employees who are over 40 years old face another unique challenge in that companies most often target older individuals when they offer buyouts. It is imperative that the employees who are presented with these offers make an informed choice, which means that they ought to know what rights they have under the law. When it comes to buyouts, employers must make detailed disclosures that have to, at minimum, contain the ages and titles of all employees that were eligible for the buyout and all employees that were finally selected for the offer. If you do not receive this type of information when presented with a buy-out offer, your employer could have violated the law and you could have a claim for damages. As this employment situation may be very confusing or unclear, your best option is to have a free consultation with an age discrimination lawyer.
Is It Age Discrimination For My Employer To Reduce The Benefits Of Older Workers?
Age discrimination attorney: The Older Workers Benefit Protection Act of 1990 (“OWBPA”) was passed to amend the ADEA to prohibit employers from denying benefits to the protected class of older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
How Do I Prove Age Discrimination?
Age discrimination attorney: Obviously, the simplest way to prove age discrimination is if there is direct evidence of age discrimination. This would happen if your boss or supervisor openly states, “We need to get a younger sales force,” or “I going to give this position to someone that can be here for 30 years.” Alternatively, an employee can prove age discrimination through circumstantial evidence by presenting evidence to meet a set of tests, or what lawyers call a “prima facie case”. These tests include producing evidence that: (1) you are over 40 years old; (2) your job took adverse employment action against you – fired, demoted, laid off, not hired, etc. (3) you were qualified for the position at issue; and (4) you were replaced by or treated differently than someone substantially younger than you. At that point, the burden would then move to the employer to show a legitimate, nondiscriminatory reason for the actions against you. Then, you, as the employee, are given the opportunity to present evidence that the explanation given by your employer is false or a lie, which is called “pretext” in employment law.
Do Age Discrimination Laws Also Cover Employees Under 40?
Age discrimination attorney: No. An employer can show a preference for older employees over those under 40. Additionally, an employer has no legal restrictions for firing employees that are under 40 but are deemed too old by the company. For example, a restaurant can fire a 39-and-a-half-year-old bartender with the stated goal of bringing in a younger bartender in his or her 20s.
I Was Fired Because I’m Older; Can I Sue? Do I Have A Claim For Age Discrimination Or Wrongful Termination?
Age discrimination attorney: Our employment law lawyers have provided as much information as we possibly can on this website, but an evaluation of your particular chances to prevail on a claim for age discrimination cannot be done without a discussion regarding the facts relating to your termination and employment situation. Because our employment law attorneys fight for employees’ rights every day, we offer a free initial consultation for Ohio claims. It is not worth guessing about your possible rights and claims when a call to the right attorney can get you a free answer.
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DISCLAIMER: These answers do not constitute legal advice or guidance.