Decades of Experience Protecting Your Rights
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 15,875 filed in 1997. The rise in numbers has been blamed on the state of the economy, as 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. 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 Atlanta age discrimination lawyers are innovative, persistent, and motivated to take a stand on important issues.
Identifying Age Discrimination in the Workplace
This is an important issue. Most of us over 40 have a lot more financial responsibilities than those who are 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.
You may have been the victim of age discrimination if you experienced any of the following:
- You were passed over for a position or promotion because the employer was looking for a younger-looking person
- You have received negative feedback in official evaluations accusing you of a lack of “flexibility” in taking on further responsibilities
- You lost your job so your boss could keep younger workers who require less pay
- You were passed over for a promotion in favor of a younger employee outside the company due to the company “needing new blood”
- Company layoffs resulted in a majority of older, more established workers being laid off, leaving younger, less experienced workers
- Your supervisor made age-related comments about you before your firing, such as calling you “ancient” or “over the hill”
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 determining employment, promotions, compensations, benefits, job assignments, and training. Any term or condition of employment, hiring, firing, layoff, promotion, or job assignment cannot be determined by the person's age.
This act provides several protections for employees, such as:
- Employers may not retaliate against an employee for filing a charge of age discrimination, nor for participating in an investigation under the ADEA
- Employers may not list preferences, specifications, or limitations for age in job notices or advertisements, though exceptions are made when a position requires experience minimums
- Employers may not bar individuals from apprenticeship programs on the basis of age
- Employers may ask an applicant's age or date of birth, but if age discrimination charges are filed, they will be scrutinized as to the reason for these questions
If you are asked by your employer to sign a valid ADEA waiver, consult a lawyer 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.