By Weisberg Cummings, P.C. on August 24th, 2023
Do you believe you’ve been discriminated against at work because of your age? If you have a claim, you may be able to sue your employer for age discrimination. Below, we discuss the age discrimination laws in Pennsylvania and how to file a complaint to help you better understand your situation.
What Are the Age Discrimination Laws?
Three relevant laws to consider when suing for age discrimination in PA include:
1. The Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) protects future, current and previous employees against age-based discrimination. The employee must be 40 years old or older and working for a qualified employer. A qualified employer could generally be an individual, a corporation, a partnership, an association, a labor organization, an employment agency or a government agency with 20 or more workers, but excludes independent contractors, elected officials and military personnel.
The ADEA covers every aspect of employment, including:
- Hiring
- Salaries and wages
- Benefits
- Performance reviews
- Training
- Promotions
- Demotions
- Firing
- Layoffs
Therefore, employers who might set age limits for training programs or retaliate against an employee for fighting to protect their rights or the rights of others could be in breach of the law. The United States Equal Employment Opportunity Commission (EEOC) enforces ADEA.
2. The Older Worker’s Benefits Protection Act
The Older Worker’s Benefit Protection Act (OWBPA) is another federal law that protects workers aged 40 years and above. It amends the ADEA and is primarily relevant when it comes to waivers of discrimination claims in severance agreements. In other words, when an employer asks an employee to waive their legal rights by signing a severance agreement in exchange for something valuable, the employer must include specific terms in the contract.
For example, the contract must give the employee 21 days to decide whether to waive the rights. For a group of employees, the duration extends to 45 days. Also, the contract must give the employee at least seven days to revoke the agreement after signing it.
Agreements that fail to comply with the OWBPA’s requirements may be considered void.
3. The Pennsylvania Human Relations Act
Unlike the ADEA and OWBPA, the Pennsylvania Human Relations Act (PHRA) is a state law, but it also outlaws age-based biases and predatory workplace practices. The law covers workers aged 40 and older and applies to employers in Pennsylvania with at least four employees. The Pennsylvania Human Relations Commission (PHRC) enforces the PHRA.
Can You Sue Your Employer for Age Discrimination?
You may sue your employer for age discrimination if they violate federal or state laws. Before filing a lawsuit, you must assess the law to determine whether you have a legal claim and know the extent of protection the law provides. That way, you can avoid situations where your case is dismissed for lack of merit. Examining the law also helps you know the procedure for enforcing your rights and the remedies you can seek in court.
How Do You File an Age Discrimination Complaint?
You may file an age discrimination complaint with the EEOC if your rights have been violated. The PHRC also accepts complaints, although it may forward them to the EEOC for dual filing. Filing a complaint with the EEOC or PHRC is necessary before you start legal action in court.
The process can be complex, but the following guidelines may help you:
1. Pay Attention to the Time Limits
There are time limits for filing age discrimination charges. Generally, you need to file within 180 calendar days starting from when the discrimination occurred. However, if the state agency enforces a law prohibiting employment age discrimination on the same basis, the filing deadline is extended to 300 days for claims under the ADEA.
2. File the Complaint
You can file the charge online, in person at an EEOC office, by telephone, at a state agency like the PHRC, or by mail.
3. The EEOC Investigates Your Employer
Typically, the EEOC will notify your employer of the charge and investigate the complaint. If the investigator determines that there is merit to your claim, they may work with the employer to find a solution. Otherwise, the EEOC may sue your employer on your behalf or issue a “Notice of Right to Sue,” which enables you to file a lawsuit.
You may also file a complaint with a Fair Employment Practices Agency like the PHRC, and the complaint may be automatically filed with the EEOC. This process, known as “dual filing,” helps protect your rights under federal and state laws.
How Do You File an Age Discrimination Lawsuit?
The first thing to do if you want to sue your employer for age discrimination is to file a charge with the EEOC and wait 60 days before going to court. You may proceed without getting a Notice of Right to Sue. Then, you can serve the defendant with the necessary processes — they may file a response to your allegations.
While seeking legal assistance is optional, it’s best to partner with an attorney because the process can be tedious, lengthy and technical. Plus, dealing with the emotional aspect can be draining. Lawyers can help take the load off your shoulders.
How to Prove an Age Discrimination Lawsuit
The employee must prove on a balance of probabilities that age was the primary reason for the employer’s discriminatory conduct. Therefore, it’s important to establish that you’re 40 years old or above and that your employer took adverse employment action against you.
Once you establish that you have a sufficient claim, the burden shifts to the employer to produce evidence and demonstrate their innocence. A lawyer can help you identify whether you have a claim and assist you in building a case if you do.
Contact Weisberg Cummings for Legal Assistance
Suing for ageism can be technical, complex and emotionally draining, so partnering with a reliable employment attorney can be helpful. Weisberg Cummings is a leading employment law firm with more than 40 years of combined experience defending the rights of employees in Pennsylvania. Our attorneys are dedicated to finding practical solutions and standing by your side in your age discrimination case.
Don’t wait for time to run against you. Contact us now for legal assistance!
