Age Discrimination in the Workplace - Austin
Contact an Austin employment discrimination lawyer with our law firm if would like to discuss a claim for age discrimination in the workplace. The Age Discrimination in Employment Act (“ADEA”) prohibits employers with 20 or more employees from discriminating against an employee because of age. However, the ADEA only protects employees who are at least 40 years old. To schedule a consultation with an Austin employment lawyer to discuss age discrimination, contact us today.
In a consultation, an Austin employment lawyer will discuss the facts of your claim. After learning about your matter, we will talk about Texas employment laws and whether one of our Austin employment lawyers may be able to assist you. Contact an Austin employment lawyer in our office today to schedule a consultation.
The ADEA prohibits most employers from discriminating against employees based on age. However, the law only applies to employers with at least 20 employees. Additionally, the ADEA only protects employees who are age 40 or older. For example, it is likely not against the law for an employee to be terminated based on age if an employer only has 10 employees. Similarly, it is likely not against the law to terminate an employee for being 29 years old, even if the employer has more than 20 employees. It may also not be a violation of the ADEA for an employer to favor an older worker, regardless of the age of both employees.
Sadly, older workers sometimes suffer from age discrimination in the workplace. There are two types of evidence used to prove a claim for age discrimination. The first type of evidence is commonly referred to as direct evidence. Statements or policies that specifically refer to age can be direct evidence of age discrimination in the workplace. For example, a boss telling an employee that she is being terminated for moving slower in her old age is direct evidence of age discrimination. However, most employment claims are based on indirect or circumstantial evidence. For example, a pattern of terminating older workers is indirect evidence of age discrimination. The best claims for age discrimination often contain both types of evidence.
Proving age discrimination claims can be difficult, and as plaintiffs, most employees have the burden to prove their claims. Contact an Austin employment lawyer with our firm if you would like to discuss your claim for age discrimination in the workplace.Older Worker Benefit Protection Act
The Older Workers Benefit Protection Act (“OWBPA”) protects certain employees from age discrimination by placing specifics requirements on settlement agreements designed to waive age discrimination claims. Specifically, the OWBPA requires employers to include precise language in severance agreements or settlement agreements. Generally, the OWBPA requires an employer to (1) advise the employee of the right to consult with an attorney, (2) provide the employee at least 21 days to consider the agreement, and (3) allow the employee at least 7 days to revoke the agreement. If an employer fails to include this language, then the employee may be able to sign the agreement without actually waiving his or her claims for age discrimination.
Contact an Austin employment lawyer with our firm to discuss your claim for age discrimination before signing a settlement or severance agreement. You will likely lose your right to bring a claim for age discrimination if you sign a severance agreement or settlement agreement. An employment discrimination lawyer can review your agreement and discuss your employment rights.Retaliation Protection After Complaining About Age Discrimination
The ADEA prohibits covered employers from retaliating against employees for complaining about age discrimination in the workplace. For example, it would likely violate the law to terminate an employee because she contacted Human Resources and complained about being the victim of age-related comments. However, an employer is not necessarily prohibited from retaliating against an employee who complains about general harassment, without specifically naming a protected form of discrimination, such as age discrimination. If you are the victim of age discrimination in the workplace, contact an employment discrimination lawyer in our Austin office today.
If you would like to discuss a claim for age discrimination, race discrimination, workplace retaliation, unpaid wages, or any other employment dispute, contact an Austin employment lawyer in our employment law firm today. We will discuss your claim and describe any services that our firm may be able to provide to assist you. Schedule a consultation with an Austin employment lawyer today.