Age Discrimination in the Work Place
Those born from 1946 to 1964 are the fastest growing segment of the population filing discrimination claims today. In 2012, the EEOC reports 22,875 people filed age discrimination claims against employers, which is an increase from the the 15,875 filed in 1997. The rise in numbers has been blamed on the state of the economy, companies are cutting costs to protect the bottom line. There is a widely accepted perception that a younger employee is less expensive than an older and more experienced employee, which makes it difficult to keep a job and even to find a new job above a certain age. Statistics have shown that it can take someone over 40 six months longer to find a new job than someone right out of college. Demotions and pay decreases are happening to many senior employees, yet they still have an income higher than a younger new employee. This type of discrimination is difficult to prove and many attorneys won’t even take the case. That is not the case with Barrett and Farahany!
Our lawyers are innovative, persistent, and motivated to take a stand on important issues!
This is an important issue. Most of us over 40 have a lot more financial responsibilities than those right out of college, therefore it makes sense that salaries are higher. Companies shouldn’t be allowed to cut salaries to improve the bottom line, instead of rewarding employees for service and expertise in their field. If you are over the age of 40 and have been harmed by a decision affecting your employment, call the Atlanta employment attorneys of Barrett and Farahany today. Talk to an attorney who will listen and cares about your rights.
Were you turned down for a job, fired or laid off for any of the following reasons:
- You didn’t get hired because the employer wanted a younger-looking person to do the job.
- You received a negative job evaluation because you weren’t “flexible” in taking on new projects.
- You were fired because your boss wanted to keep younger workers who are paid less.
- You were turned down for a promotion, which went to someone younger hired from outside the company, because the boss says the company “needs new blood.”
- When company layoffs are announced, most of the persons laid off were older, while younger workers with less seniority and less on-the-job experience were kept on.
- Before you were fired, your supervisor made age-related remarks about you, such as that you were “over-the-hill,” or “ancient.”
Call for a free consultation on your rights and find out how an attorney can help you and your family (404) 214-0120!
Age Discrimination in Employment Act
Under the Age Discrimination in Employment Act it is unlawful to discriminate against a person because of their age in determination for employment, promotions, compensations, benefits, job assignments, and training. Any term of condition of employment, hiring, firing, layoff, promotion, or job assignment can not be determined by the person’s age. Under this act you are protected from the following:
- retaliation from an employer for filing an age discrimination charge, testifying or participating in any investigation, proceeding or litigation under the ADEA.
- employers can not include age preferences, limitations, or specifications in job notices, classifieds, or advertisements. There are some exceptions where age is shown to be a “bona fide occupational qualification” reasonably necessary to the essence of the business.
- apprenticeship programs, including joint labor-management apprenticeship programs, generally may not discriminate on the basis of age.
- employers can ask an applicant’s age or date of birth, but this will open them up to scrutiny for lawful reason for asking if challenged.
If you have been laid off from a job or fired for any of these possible reasons, speak to an attorney today:
- a large number of employees over the age of 40 were laid off
- you were fired to prevent you from earning a pension or claim the benefits promised at retirement
- you can not be forced to retire if you are still able to perform your job duties, but a company can offer an early retirement package
If you are asked by your employer to sign a valid ADEA waiver, consult an attorney first. There are many conditions that must be met for this waiver to be considered valid. You will want to consult an attorney to make sure your rights are protected before signing anything. To learn more about valid ADEA waivers, visit the valid Georgia ADEA waivers page.
Victims of Age Discrimination in the work place are entitled to the following remedies:
- back pay earned
- promotions previously denied
- reinstatement to employment
- front pay
- liquidated damages amounting up to twice the amount of back pay are possible if “willful” violation can be proven
- and other possibilities deemed to make the individual “whole” before the discrimination.
Additionally the company is responsible for your court costs, attorney fees and any other fees associated with creating your case.
Cases that are settled and fault is proven the employer may be required to post notices to all employees addressing the violations of the specific charge and advising them of their rights under the laws of the EEOC. Your case will not only help you, but it can help the others who are experiencing the same violations of their rights within the company.