Although age discrimination is illegal in the U.S., many employees still regularly deal with ageism. Age discrimination potentially cost the U.S. GDP $850 billion in 2018, and experts predict this amount could rise to $3.9 trillion in 2050. Employers may miss out on hiring valuable talent if they have discriminatory hiring practices, and employees may feel more stressed and less valued in a hostile work environment. Companies waste money and resources handling lawsuits and may gain a negative reputation.
Age discrimination may pervade the following practices:
- Hiring and firing
- Promotions and demotions
- Training
- Pay and benefits
- Harassment and disrespectful behavior
If you believe you have been subject to age discrimination, you may be considering filing an age discrimination lawsuit. Below, you’ll learn how to recognize ageism and the steps for filing an age discrimination lawsuit.
Can You Sue Your Employer for Age Discrimination?
Ageism is incredibly harmful to workers and often negatively impacts their careers. While federal legislation only protects workers older than 40, age discrimination affects both older and younger workers. While employers may incorrectly assume older workers are less flexible and not technologically savvy, they may stereotype younger individuals as lazy and less skilled.
Understanding U.S., state and local age discrimination laws can help you recognize whether you may have been a victim of ageism. If you believe you have an age discrimination case, you should file a charge of discrimination and lawsuit.
U.S. Age Discrimination Laws
The U.S. Equal Employment Opportunity Commission (EEOC) handles age discrimination cases under the Age Discrimination in Employment Act (ADEA) of 1967. ADEA protects workers older than 40 from age-based discrimination when working for government organizations or private companies with at least 20 employees. If someone files a discrimination claim, their employer cannot retaliate against them legally.
How to Prove Age Discrimination
Age discrimination happens when a company unfairly treats an employee. It can be direct, such as if an employer promotes an older worker instead of a younger coworker with the same qualifications. Age discrimination can also appear in more indirect ways. For example, the tech industry notoriously hires younger individuals, with workers older than 35 often considered too old for the job.
Signs of workplace ageism include:
- Derogatory comments and harassment.
- Only promoting workers with advanced degrees.
- Demotions or easy assignments that make an employee feel less valued or competent.
- Excluding employees from meetings or isolating their desks.
- Encouraging older team members to retire by providing appealing early retirement packages or specifying a mandatory retirement date.
- Unexpectedly conducting increased performance reviews despite consistent work quality and subjecting workers to harsher discipline.
Proving age discrimination may be challenging in some cases. The law considers age discrimination to be legitimate if:
- The employee is in the protected age class.
- The employee’s job performance was satisfactory.
- The employer discriminated against an employee.
- An employer treats younger coworkers better even though they have a similar role or qualifications as older team members.
Completing a Charge of Discrimination
Employees who feel their employer has subjected them to age discrimination — or other forms of discrimination in the workplace — can file a charge of discrimination with the EEOC. This document certifies that an employer committed age discrimination. You must file a charge of discrimination within 180 days of the incident if you wish to preserve both federal and state claims. This step is essential to file a lawsuit.
Take the following steps to file a charge of discrimination:
- Submit an online request: After notifying the EEOC of discrimination, you will have an interview with a professional at the EEOC. An EEOC staff member can provide guidance for the best next steps.
- File with the EEOC portal: If you decide to proceed with your case after the EEOC investigation, you can complete a charge of discrimination with the EEOC public portal. If you have fewer than 60 days to file a discrimination case, the EEOC will provide instructions for expediting the process.
When reviewing a charge, the EEOC considers several factors, including the evidence’s strength and whether the case’s issues may significantly impact the EEOC’s larger mission to fight workplace discrimination.
File a Federal Lawsuit
If you want to move forward with the case after filing a charge of discrimination, you can then file a lawsuit. Age discrimination lawsuits under ADEA are unique in that they don’t require a Notice of Right to Sue. You must wait 60 days after filing a charge of discrimination to file a lawsuit and must file within 90 days of receiving the notification that the EEOC is done with its investigation.
In most cases, the EEOC can only file a lawsuit after determining reasonable cause that discrimination occurred and both parties cannot facilitate the situation through conciliation. However, you can request a Notice of Right to Sue to file a lawsuit before the EEOC finishes reviewing a charge.
Submit a request via the EEOC online portal or the office handling your charge. If 180 days have passed since the EEOC started its investigation, you are legally entitled to receive the notice. Otherwise, the EEOC will only give you the notice if it cannot finish investigating in 180 days.
Filing a Lawsuit in Pennsylvania
Beyond filing on the federal level, you can also file a charge with Fair Employment Practice Agencies (FEPAs) on the state and local levels. Some people file with these agencies because of state laws that offer more extensive worker protection. For example, Pennsylvania’s laws cover employees of smaller companies with at least 4 employees. States may also interpret laws differently or provide various types of compensation to discrimination victims.
The Pennsylvania Human Relations Act is the state legislation that dictates discriminating against employees over 40 years old based on their age is illegal. If you feel your employer has violated your rights under the Pennsylvania Human Relations Act, you can file a discrimination claim with the Pennsylvania Human Relations Commission (PHRC). The PHRC cooperates with the EEOC to process claims. Therefore, you only need to file with either the PHRC or EEOC.
Contact Weisberg Cummings for a Free Consultation
If you feel you may have an age discrimination case, an experienced age discrimination lawyer can help. At Weisberg Cummings, P.C., our team can handle many employment claims for Pennsylvania workers, including:
- Discrimination
- Employer retaliation
- Worker’s compensation
- Contract disputes
- Wage and hour disputes
- Wrongful termination
- Sexual harassment
- Family and Medical Leave Act (FMLA)
- Americans with Disabilities Act (ADA)
- Class action
Our team has more than 40 years of combined experience to bring real-world experience to your case. We are happy to work with you to discuss your options. Contact us today for a free consultation!
