What To Do When Faced With Age Discrimination
Age discrimination occurs when an employee or job applicant who is 40 or older is treated less favorably on the basis of how old he or she is. Age discrimination laws prevent employers from discriminating in any aspect of employment. For example, employers cannot discriminate in hiring, firing, pay, promotions, layoffs, and more. The number of age discrimination claims in the United States is rapidly increasing. In 2017, the number of EEOC age discrimination charges filed by workers over 65 doubled from 1990. This type of discrimination can be an extremely hurtful experience. Instead of valuing your added experience and wisdom, employers wrongfully look down on you because of how old you are. Keep reading to find out what you should do when faced with age discrimination in the workplace.
Go To Human Resources
When filing an age discrimination claim, it’s important to have evidence in writing of your experience. Your legal claim will be stronger if you have a written record of discriminatory practices in your workplace. So, send a written complaint to human resources explaining why you feel discriminated against. Make sure to also keep a copy of your complaint for yourself.
File an Age Discrimination Claim In Time
New York has a limit on when you can file an age discrimination claim. You must file this type of legal claim within 300 days of the last act of discrimination. Before filing such a claim, you ought to speak with an experienced employment attorney to determine the strength of your discrimination case.
Don’t Be Afraid of Retaliation
If you accuse your employer of age discrimination, you may get an angry response. Fear of your employer lashing out at you should not prevent you from proceeding with your discrimination claim. If your employer terminates you for bringing up discriminatory practices, you could have another legal claim. Retaliation law prevents employers from punishing employees for asserting their legal right to be free from discrimination in the workplace.
Know Your State’s Age Discrimination Laws
In addition to federal law, many states have individual laws surrounding the issue of age discrimination. The laws in your state will determine what exactly you can sue for. For example, in the state of New York, you can sue for back pay and emotional distress during an age discrimination case. State laws vary, so if you are unsure of your rights, speak to an experienced employment attorney.
Seek Legal Assistance
If you have experienced age discrimination in the workplace, seek legal assistance today. The Law Office of Christopher Q. Davis, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.