Age discrimination is becoming a serious problem in corporate America, as more and more organizations are terminating older employees in favor of younger applicants. By definition, age discrimination occurs when an employee or job applicant is treated unfavorably simply because of their age. Although there are federal and state laws prohibiting this type of behavior, it happens all the time in corporate settings. The federal Age Discrimination in Employment Act (ADEA) protects workers 40 years and older from age-based discrimination in the workplace relating to terms of employment, work conditions, and privileges of employment. It should be noted that the ADEA applies to organizations with at least 20 employees, including state and local governments, labor organizations, and employment agencies.
Attorney Janovsky has seen an increasing number of workers older than 45 lose their job for no apparent reason other than their age. Because of this, more workers than ever before are suing for age discrimination. However, winning an age discrimination case isn’t as easy as many think. Even individuals who think they have a solid case often find themselves on the losing side of the battle. If you believe you have been discriminated against by your employer because of your age, contact Janovsky & Associates. Attorney Janovsky will sit down with you and go over your case, advising you on how to proceed.
Understanding Age Discrimination in America
Since 2008, the number of age discrimination cases has soared from 19,000 annual filings to more than 25,000 each year. According to a survey conducted by the AARP, 77 percent of Americans between 45 and 54 said they have faced age discrimination. This is taking place for numerous reasons, including the fact that technology now governs how we conduct business. Many older employees are being demoted or replaced by younger employees, simply because of their lack of technological prowess.
Employers are also guilty of making assumptions about older workers, such as thinking they won’t be able to keep up with the latest technological trends, want to retire soon, and don’t require the same benefits or time off as younger workers. Making any type of assumption based on an employee or job applicant’s age is against the law. In addition to discriminating against current employees, employers are not allowed to advertise for younger workers, avoid workers whose resumes indicate they are older, or use any other hiring criteria that has to do with age.
Filing an Age Discrimination Lawsuit
An individual protected by the ADEA can file an age discrimination claim under either state or federal law, or both. While winning an age discrimination case can be complicated, Attorney Janovsky is prepared to advocate for your rights. Many victims of age discrimination may choose to seek the following in a lawsuit:
- Wages, back pay, and benefits
- Monetary damages
- Injunctive relief
If you have been discriminated against in the workplace, please contact Janovsky & Associates today.