If you work at a job in which you are made to feel discriminated against due to your age, you may have a legal claim for employment discrimination. There are several forms of employment discrimination, including age, gender, race, and the like. Age discrimination is common, but you have rights. Here are some things you need to know:
You Are Protected by the ADEA
The ADEA, or Age Discrimination in Employment Act, is the first step in going against age discrimination in the workplace. By federal law, an employer cannot fire, not hire, or treat anyone in any way based on age. The ADEA provides for protection for all employees, but there are some rules based on the size of the business. State laws can also offer protection against age discrimination.
What to Do First
If you are discriminated against based on your age, you first need to discuss your concerns with your human resources department. You need to file a grievance first. If you do not like the outcome of the grievance, you need to contact the EEOC, or Equal Employment Opportunity Commission. Your complaint will be filed by the federal government. Once you file with the EEOC, you need to provide witness information, any notes you have taken regarding the discrimination, and other evidence you have. The EEOC will evaluate the complaint to determine if discrimination occurred. If the EEOC agrees with your complaint, they will provide you with notice of right to sue.
Suing Your Company
If you decide to sue your company for age discrimination, you need to retain an attorney who primarily works on employment law cases. Your attorney will investigate your claim and file lawsuit against your employer. If you prefer not to go to court, you can opt to gain compensation with mediation. Mediation is a process in which you come to an agreement on your own, with your attorneys, rather than going to court. In mediation, you will provide your evidence, as will your employer. The mediator will help guide the meeting, but you and your attorneys come to a final agreement.
If you are experiencing age discrimination in the workplace, you need to contact a employment discrimination lawyers for guidance. While you can start the process on your own, it is always best to have the expertise of an attorney from the beginning. This way, you will be on the correct path throughout the process.