For years, age discrimination claims have been one of the fastest growing types of employment discrimination lawsuits. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals over the age of 40.
Older workers – with higher paychecks – may be the first to
be eliminated when companies are trying to tighten their belts, a practice
that may violate the ADEA. Like the other anti-discrimination laws, the
ADEA prohibits any type of adverse action against you because of your
age, including the failure to hire you or a discharge because of your
age. This also includes age harassment, which typically involves hostility
or abuse directed at you by other employees because of your age. The ADEA
also prohibits retaliation against you for complaining about age discrimination
or for participating in someone else’s age discrimination case.
Thus – when older workers are let go – or forced to take an early retirement – you may have a claim for age discrimination. Often, when age discrimination occurs it takes a heavier toll on the health of its victims – many times older workers rely on the income and the health insurance that full time employment provides.
In addition to the potential violation of federal laws, companies that seek to “phase out” older workers lose out on the valuable experience, knowledge and reliability that older workers have to offer.
The good news is that the number of claims has declined in recent years, but still remains one of the leading areas of discrimination.
For more information or if you believe that you may have suffered age discrimination, please contact the experienced Atlanta employment discrimination lawyers at the Buckley Law Firm, LLP for an immediate case evaluation.