The law prohibits employers from making employment decisions based on a potential worker or employee’s age, if that person is over 40. If an employer makes employment-related decisions based on the employee’s age, he or she has violated the employee’s rights. If you believe you are a victim of age discrimination, call an age discrimination lawyer in Charlotte from Phil Gibbons Law, P.C. to explore your legal options: 704-612-0038.
Examples of Age Discrimination in the Workplace
For workers over 40, anytime an employer takes age into account when considering the following, that employer may have committed age discrimination:
- Wages and benefits
- Job assignments and training
The following behaviors are examples of age discrimination in the workplace:
- Failing to hire an applicant the employer views as “too old.”
- Firing someone over 40 to replace him or her with someone younger.
- Laying off older employees while keeping less experienced, younger employees
Age Discrimination Laws
There are multiple federal and state laws that protect people from age discrimination at the workplace:
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) is a federal law that protects job applicants and employees age 40 or older from discrimination and harassment. The ADEA only covers employers with 20 or more employees.
An amendment of the ADEA, the Older Workers Benefit Protection Act (OWBPA), also prohibits employers from denying benefits for older employees.
North Carolina’s Equal Employment Practices Act
Under North Carolina’s Equal Employment Practices Act (EEPA), employers with 15 or more employees cannot discriminate against employees based on age or numerous other factors including religion, national origin, or sex.
What should I do if I have experienced age discrimination?
If your employer has discriminated against you because of your age, contact Phil Gibbons Law, P.C. to discuss your claim.
If you decide to file an age discrimination lawsuit against your employer, you will have to prove:
- The employer took intentional action against the employee because of the employee’s age.
- Age was the sole reason for discrimination.
Proving these elements can be difficult. You may use direct and circumstantial evidence to help your case. If an employer admits to taking action against an employee over 40 based on the employee’s age, then there is direct evidence of age discrimination.
However, in most discrimination cases, direct evidence will not be available. You will have to build your case using circumstantial evidence.
Circumstantial evidence will require you to prove that you were qualified for your position and that you were a member of a protected class (over 40 years old).
You will then need to present evidence that your employer acted against you and that your employer replaced you with a younger person with fewer qualifications.
It is important to hire an attorney to look over the facts of your case and help you present your evidence in the best way possible.
How to Resolve Your Age Discrimination Case
While nothing can truly make up for the discrimination you experienced, you may be able to recover damages that can help make things easier.
Age discrimination victims can recover financial damages such as:
- Back pay for past wage loss
- Front pay for future wage loss
- Liquidated damages
- Attorney’s fees and court costs
Victims of age discrimination may also recover remedies relating to employment. These remedies include:
- Hiring: The law may force the employer to offer you the position.
- Promotion: Those who did not receive a promotion based on their age may receive said promotion.
- Reinstatement: If your employer fired you due to age, the law may force him or her to reinstate you.
Age discrimination is illegal and wrong. If your employer violated your rights because of your age, you have options. Call Phil Gibbons Law, P.C. for help today: 704-612-0038.