Hold Responsible Parties Accountable for Age Discrimination

While laws do prevent employers from hiring individuals who are too young to work, age discrimination involves employees or applicants who are over the age of 40. Just like other examples of workplace discrimination, both Texas and federal discrimination laws prohibit companies from considering the age of an employee or applicant when determining:

• Hiring
• Firing
• Wage or benefit calculations
• Other employment decisions

A common example of age discrimination is an employer replacing older workers with younger, possibly cheaper, labor. Sometimes, a round of layoffs will even target only older employees. However, the employer often fails to provide age data following the workforce reduction.

The Older Worker Act and other age discrimination laws protect your right to fair treatment at work.

There are cases in which the potential employee never actually worked for the employer. This might happen when the discrimination occurred during the hiring process. While age discrimination laws try to prevent these practices, many companies still discriminate against workers over 40.

Workers who file age discrimination complaints against their employer or to the U.S. Equal Employment Opportunity Commission (EEOC) may also face employer retaliation for reporting discrimination.

Congress passed many discrimination laws in the 1960s. The Age Discrimination in Employment Act of 1967 (ADEA) applies to employers with 20 or more employees. It includes employment agencies, labor organizations and federal, state and local governments. The EEOC noted that ADEA protections apply to five specific areas:

• Apprenticeship Programs
• Job Notices and Advertisements
• Pre-employment Inquiries
• Benefits
• Waivers of ADEA Rights

We can review the specifics of your case to determine if your particular form of employment falls within the necessary categories. 

Older Worker Benefit Protection Act

Another important age discrimination law is the Older Worker Benefit Protection Act (OWBPA). OWBPA provides several benefits to older workers laid off by their employers. The OWBPA makes it illegal:

• For employers to target only older employees when downsizing staff
• To provide different benefits to employees based on their age

It also requires companies to follow certain protocols and timelines when having older employees waive their right to sue in age discrimination claims.

In fact, employers that violate the OWBPA may lose this age discrimination lawsuit protection when having older workers sign releases of their rights during terminations, staff-cutting measures, for early retirement, and potentially other departure or severance agreements.

Trust an Attorney to Handle Your Case

The Older Worker Act and other age discrimination laws protect your right to fair treatment at work. If you are over the age of 40 and your employer asks you to sign releases for an involuntary or voluntary exit, hold off if you can. Have our law firm review this agreement to make sure the document is fair to you. Please send us a message or call us at (214) 383-3606 to schedule a consultation.