Unfortunately, age discrimination has been a longstanding issue in the workplace, with individuals facing bias due to their age. It is important for employers to be aware of the impact age discrimination can have on affected employees and take actionable steps to prevent it.

Age discrimination is a widespread problem that is often difficult to identify and prove, since it can take on many covert forms. It can manifest in subtle ways such as overlooked job opportunities or remarks made by colleagues, and can have severe consequences on an individual’s career. Fortunately, there are legal protections in place that can help victims of age discrimination seek justice. At Galo Law Firm, we can assess your case to determine if you are a victim of workplace age discrimination and discuss what legal options you may be entitled to.

What Protects Against Age Discrimination?

The Age Discrimination in Employment Act (ADEA) of 1967 was established by employment agencies to protect workers against age-based harassment and protect employees aged 40 and up. This law applies to businesses, recruitment agencies, labor organizations with a minimum of 25 members as well as local, federal, and state governments if they have at least 20 workers.

Under ADEA, employers may not discriminate against age when it comes to hiring, firing, promotions, layoffs, compensation, benefits, job assignments, training, or any other term of condition of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). These measures have been taken all the way to the Supreme Court to help prevent age discrimination and ensure fairness in the workplace.

Laws on Age Discrimination

• Age Discrimination in Employment
• Age Discrimination Act of 1975

How Difficult is Proving Age Discrimination?

Although it is estimated by the EEOC that nearly 70 percent of workers face workplace discrimination, complaints are not always filed. Age discrimination can be difficult to detect, as older workers may not be aware that they were passed up for a promotion due to their age, while younger workers may be reluctant to report it due to fear of a negative impact on their employer’s perception of them.

Gathering evidence to prove an age discrimination claim can be difficult; thus, making a record of any conversation, email, text, call, etc. is one of the best things an employee can do for themselves in these situations. It is recommended to start compiling this evidence early, as it can help to prove age discrimination.

Our firm can provide you with an employment lawyer to review your options and shed light on other relevant evidence. Navigating these issues can be challenging without assistance. Contact The Galo Law Firm today to schedule an initial consultation. Give us a call at 210-361-8043.

Disparate Treatment vs. Disparate Impact

Workplace age discrimination is categorized into two different varieties. Disparate treatment refers to age discrimination involving an employer targeting an employee with unfair or unpleasant treatment on the basis of age; where disparate impact refers to a broader range of decisions, such as only hiring applicants in a certain age group.

Examples of Disparate Treatment

• Comments about age
• Seasoned employees being fired or offered buyouts, and younger ones being hired
• Reassignment of job duties
• Denying promotions and raises
• Exclusion from events, meetings, etc.

While the two types of age discrimination are quite different, it is important to document examples of either as accurately and thoroughly as possible to ensure a strong case.

Documenting Age Discrimination

If an employer makes any comment about your age, or questions any plans of retirement, document it. This can include any raised suspicions of job performance when it relates to age; such as the capability to keep up with the expectations of a position due to increased age.

It also should be documented, if you ever notice any sort of differential treatment between employees of different age groups. This can include younger employees being invited to events that older employees are not, or a younger employee being given more preferential duties. Office setting isolation can be considered discriminatory as well. Although subtle, these acts can make you a victim of age discrimination. These pieces of direct evidence, although sometimes tricky to document, can be beneficial for proving your case.

Trends regarding hiring, firing, and promotions should be documented. Although it is common for employers to promote a “modern” or “younger” environment, it is illegal to hire employees based on these criteria. If there is a pattern of younger employees being given promotional opportunities over older workers, or if an employer seems to be hiring younger individuals more often than older individuals, this should be reported.

Documentation of these acts, in combination with performance reviews, can all help prove age discrimination. If you feel like your employer is routinely favoring younger co-workers, you may have grounds to prove age discrimination.

What Kind of Evidence is Needed?

To effectively demonstrate age discrimination, one should have solid evidence and testimony of witnesses. The testimonies of supervisors and higher management could serve as strong proof to back up a case. If you feel that you were more qualified than a younger co-worker for a promotion that you were passed up on, you could ask the employer if the decision was based on age. Additionally, it would be beneficial to ask your co-workers if they overheard any comments related to age in the employment decision.

Unfortunately, because many employers are aware of the laws under ADEA, many will not admit that age was a factor in an employment decision. Because of this, physical evidence and witness accounts become crucial to helping your lawyer prove your case.

Forms of physical evidence can include job advertisements, email communication, text conversations, performance reviews, employment policy, company CSR reports, etc. If you suspect any age discrimination currently or in the future, try to ask your employer for a performance review.

Despite the difficulty in demonstrating age discrimination, a staggering 13,000 cases were filed under the Age Discrimination in Employment Act (ADEA) in 2021.

Consult With an Employment Lawyer at The Galo Law Firm Today

If you believe you have been a victim of workplace age discrimination, don’t hesitate to get in touch with The Galo Law Firm. We are here to discuss your legal options and help protect your rights. No employee should have to suffer adverse employment action due to their age, so if you think that’s the reason for your dismissal, contact us today.

At The Galo Law Firm, our team of highly-experienced employment law experts can assess age discrimination cases and determine entitlement to any damages. We can then launch a lawsuit with the goal of recovering the compensation you deserve. Our attorneys have years of experience in dealing with complex legal matters. We understand how daunting these experiences can be, which is why we have expert lawyers to fight for you.

If you are in need of a Texas employment lawyer, don’t hesitate to contact us! Dial 210-361-8043 now to set up an initial case evaluation.