You shouldn't work in fear, but it’s common for employers to displace the older workforce for younger, cheaper counterparts.
Age discrimination is when your employer treats you less favorably or takes some other adverse employment action against you due to your age. Almost every state has enacted some law that protects employees from age discrimination on top of the federal law in place.
Under federal law, the Age Discrimination in Employment Act of 1967 (ADEA) protects applicants aged 40 and over from discrimination in all aspects of employment.
The ADEA does NOT apply to:
The ADEA does apply to:
Under the ADEA, it is unlawful for employers to fail or refuse to hire, to discharge, or to otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of that person’s age. It is also unlawful for an employer to harass an employee on the basis of their age.
Age discrimination cases are very tricky as there is rarely a “smoking gun” that definitively proves that it occurred. It is important to have representation to navigate your way through age discrimination laws. Proving age discrimination is no easy feat as employers rarely explicitly say that the reasons for the decisions they make are based on the employee’s age. Therefore, the proof needed to win an age discrimination case is usually circumstantial at best. However, there are some things employees can do proactively to assist their lawyer in proving that they were discriminated against based on age.
Proving age discrimination typically involves showing that you were treated differently than younger employees in similar situations. Evidence can include documentation of comments made by supervisors about your age, performance reviews that show a sudden decline after a certain age, or company policies that disproportionately affect older workers. Keeping detailed records and seeking legal advice early can strengthen your case.
To file an age discrimination claim, you typically need to start by filing a charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency. This must be done within 180 days of the discriminatory act (or 300 days in some states). After the EEOC investigates, they may issue a right-to-sue letter, allowing you to file a lawsuit in federal court. Consulting with an attorney can help you navigate this process and ensure all deadlines are met.
We are employment law specialists dedicated to defending employees who have been wronged. Whether you’ve been fired from your job, harassed at work, or suffering through any other employment dispute, our attorneys will guide you every step of the way to maximize your recovery and bring you the justice you deserve. Our clients are family and we will aggressively fight for you as one of our own. Because in the end, people just need someone to stick up for them. That's what we do.
We represent clients on a contingency basis, ensuring you pay nothing out-of-pocket. We only receive payment if we successfully secure compensation on your behalf.
Our partners has successfully secured over millions in settlements for our clients, demonstrating our established track record in employment law.
Our team of skilled employment attorneys is available 24/7 to respond to your inquiries and help you obtain the compensation you deserve.
We believe every client’s case is unique and deserves individual attention and care. Our employment law attorneys will provide you with top-rated support and guidance at no upfront cost.
No matter the practice area, we employ an aggressive strategy in litigation, underscoring our commitment to seeing your case through to trial if necessary.
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That's right. We provide free consultations and handle all of our cases on a contingency basis. This allows us to give each and every case a careful evaluation to determine whether we can achieve a result that would be favorable for you. This means that by taking your case, we bear all of the risk and you don’t pay a penny unless and until we win.
If you've been wrongfully terminated from your job, our team of employment law specialists can help you fight back. We'll work tirelessly to ensure that you receive the compensation you deserve.
Learn More About Wrongful Termination >If you're not being paid fairly for the work you do, we can help. Whether it's unpaid overtime or not taking proper work breaks. Our team of specialists has extensive experience handling wage and hour disputes.
Learn More About Wage & Hourly Disputes >No one should ever have to experience sexual harassment at work. If you've been harassed by a colleague or supervisor, we can help you seek justice.
Learn More About Sexual Harassment >If you've been discriminated against because of a disability, we can help you fight for your rights. Our attorneys are dedicated to ensuring that disabled employees are treated fairly in the workplace.
Learn More About Disability Discrimination >If you've been retaliated against for speaking out about workplace misconduct, we can help. Our attorneys are committed to protecting employees who have been punished for doing the right thing.
Learn More About Whistleblower Retaliation >If you've been wronged by your employer, we're here to help. No one should have to work in a hostile work environment. We are here to fight for you.
Learn More About Hostile Work Environment >If you've been wronged by your employer, we're here to help. We know the difference between right and wrong.
Learn More About Workplace Retaliation >When you experience an adverse employment action at work due to pregnancy, you may be entitled to recover damages.
Learn More About Pregnancy Discrimination >You shouldn't work in fear, but it’s common for employers to displace the older workforce for younger, cheaper counterparts.
Learn More About Age Discrimination >
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We are a contingency fee-based firm. This means there are no initial fees incurred by the client and you pay nothing unless we win your case. If we don’t get you a recovery, you pay nothing. Contact a skilled and knowledgeable member of our legal team to schedule a free consultation by calling (818) 806-9672, or contact us online.
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Phone: 818-806-9672
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