While most people are familiar with laws that make it illegal to be fired based on your race, gender, religion or even age, they may not realize that the failure to hire for these reasons may also be considered employment discrimination. A recent article in Forbes highlighted focused on “age discrimination” and the difficulty proving that you were not hired based on an improper rationale.
Like the other anti-discrimination laws, the ADEA prohibits any type of adverse action against you because of your age, including the failure to hire you or a discharge because of your age. It applies to employees over 40 and age discrimination is considered to include discrimination in any phase of employment. This may include anything from where and how jobs are posted, job descriptions, who is granted an interview, who is hired, what salary a person receives and any merit increases, job assignments, performance management and evaluation, disciplinary actions, promotions, demotions, benefits, employment termination, and layoffs.
Further, if your employer takes any action that adversely affects a disproportionate number of employees over 40 is also age discrimination. If you have questions about age discrimination or believe that you have been discriminated against, it is important to consult with a top Georgia employment discrimination lawyer right away.
Examples of recently filed age discrimination cases in the news include a Texas age discrimination case where a man alleged that he was not promoted to a hire level job and instead the promotion went to a “significantly younger” candidate.
Another case in New York was filed against a company where a bookkeeper claimed he was discharged as the result of his age, and that his company made up an excuse – “pretext” – to fire him.
Challenging discrimination in the work place can be difficult, However, If you or someone you know have been victimized by age discrimination, or you are not sure of whether you should sign a severance agreement, don’t wait. The ADEA has a very short time limit for filing claims–180 days–and if you fail to meet this deadline, you could lose the right to bring an age discrimination claim. The experienced Atlanta age discrimination lawyers of Buckley Bala Wilson Mew LLP can help you sort out your rights and determine whether you have been discriminated against because of your age.