Age Discrimination Lawyers
Almost 40% workers are above 40 years, and they are working for an organization. Although they have to face the age discrimination issue, by the organizations. Almost each year the number of filling cases are increasing, but due to less knowledge about their rights, they have to face it for the entire life. It is mandatory that each should know about their rights and if someone is dealing with this issue, he/she should consult an age discrimination lawyer.
Who is protected from age discrimination?
In the US, Age Discrimination in Employment Act (ADEA) is a federal law governing age discrimination. This Federation helps the individuals who are above 40 years from age discrimination. To be covered by the Age Discrimination in Employment Act, an employer must be engaged in an industry affecting commerce, Have 25 or more employees, have an employment relationship with the claimed employee.
In Pennsylvania, Pennsylvania Human Relations Act (PHRA) is another federal law organization that helps the individuals of age 40 to 70 years. To be covered by the Age Discrimination in Employment Act, an employer must have 4 or more employees in the company.
What does age discrimination look like?
When an illegal action is taken against the employee while hiring, working conditions, compensation, promotion etc the employee can go about the age discrimination process. If any employer or other employee insults the other employee due to age, then the employee can also sue for age discrimination. For example:
- When an organization hires an experienced employee, and that employee considers himself more superior to another employee than he can be sued for age discrimination.
- Employees who are old & they are assigned to work that makes them quit their job themselves.
- If an old employee complaint about discrimination to the management and no actions are taken and also insults the old employee then the management will be sued for age discrimination.
Evidence of age discrimination
Age discrimination is very difficult to see. If you are suffering from age discrimination here are some evidence that you can collect so that you can win your case. Some evidence includes:
- Direct evidence: If your supervisor is making comments about your age, then note that comment with time and date. Try to get a witness so that if you are fired from the company due to your age, you can present as an evidence in front of a jury and judge.
- Harassment: If you are getting some work beyond your work and capability, or getting fewer wages than others, then it can be a plan of harassing you. So if it happens to go for Age Discrimination Process.
- Discipline: After working so many years in a company & now you get a notice of being indiscipline or you get a notice for the things that other employees do without worrying about discipline, you can go for age discrimination.
- Exclusion: If other employees of the company are invited to the company events and parties, but you are left behind, that can also be an evidence of age discrimination.
- Favoritism, promotion & hiring: When an organization provides the best thing to the younger employees like the new project, promotion, office space then it can be an evidence of age discrimination.
Severance packages and waivers of claims
Many organizations provide a Severance agreements after your termination, which directly points towards that you will never file a case against the company in the future and asks you for waivers of claims. It is allowed but before signing any severance agreement you should consult an attorney. Before signing an agreement you should check about the following points:
- Unemployment Benefits
- Health Benefits
- Determine why company accepts your termination
- Severance Pays Schedule
- Severance payments subject to a mitigation offset
How do I fight age discrimination?
If a person is feeling like age discrimination is going on with him, then the very first step should be that he should file a complaint against the organization or employer. Whether he wants to file the complaint under the ADEA or PHRA the complaint should be filed with EEOC & PHRC respectively and it should be within 180 days.
After filling a complaint your work is completed, now the member of EEOC & PHRC will investigate the whole matter and if your case is strong enough that it can prove the employer wrong, the complainant & employers get a notice for being at mediation or conciliation officers.
After filing a complaint with the EEOC within 60 days, you still feel that your issue is not resolved, you can file a case against the employer. It can be a time-consuming process, but if you want to get yours right, file a case against the employer.
Hire Age Discrimination Attorney in PA
Age discrimination cases are time-consuming cases. It requires a complete dedicated, experienced, focused lawyer who can assist you in choosing the right path. If you require a responsible age discrimination lawyer we can assist you and helps you in filing a case or tries to make a settlement between both of you.