Defending the Rights of Older Employees

Employment Age Discrimination Lawyer Serving Philadelphia, Mount Laurel and New Jersey

The purpose of the Age Discrimination in Employment Act (“ADEA”) is to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; and to help employers and workers find ways of meeting problems arising from the impact of age on employment. To learn more about employment laws, contact our Mt Laurel Employment age discrimination lawyers today.

If you feel your ADEA rights may have been violated anywhere in New Jersey or Pennsylvania, or if you would like to ask about your rights under the ADEA, please contact our offices immediately at 856-778-9700 to speak with our employment age discrimination lawyer in Philadelphia and Mount Laurel, New Jersey.

Legal Protections for Older Workers

The ADEA protects individuals who are 40 years of age or older from being discriminated against because of their age. The person the employee is being replaced by does not have to be under 40 years old though. For example, it would be unlawful for an employer to fire a 63-year-old employee simply because of her age and replace her with a 42-year-old employee. It is not, however, unlawful for an employer to discriminate against an employee because that person is younger.

Protection of the ADEA extends past the point when an employee no longer works for the employer. When post-employment benefits are structured in a way that discriminates against an individual because of that person’s age, such structuring is unlawful.

Signs of Employment Age Discrimination

Age discrimination in the workplace happens when an employer makes a decision regarding hiring, promotions, demotions, or termination based solely on the age of the person. It can be challenging to determine if age discrimination was a factor in a decision, or if someone is favored based on their job performance. Look for specific instances and ways in which your employer was outright discriminatory about your age.

Some Instances of Employment Age Discrimination Might Include:

  • Comments in the workplace involving age
  • Comparing younger coworkers traits to you
  • Promoting the younger person, even though you are more qualified for the position
  • Older employees having more severe disciplinary consequences
  • Seeing an influx of new hires who are young
  • Firing due to age
  • Deduction of pay or demotion

If you are experiencing any types of age discrimination at work, you have a legal right to take action and defend your right to a fair workplace.

Employment Age Discrimination Lawsuits are becoming more Common

As Baby Boomers continue to work beyond traditional retirement age, employment age discrimination lawsuits are becoming more common. While it’s common knowledge that judging older workers by their age rather than their abilities is illegal, it still happens commonly in workplaces across the country. Losing a job due to age discrimination by an employer can have devastating effects on an individual’s financial security, especially for those who are close to retirement.

You can pursue an age discrimination lawsuit if you feel you are a victim of age discrimination, but it’s a difficult case to win because direct evidence is rare. Any written documentation of discriminatory remarks by managers, in emails and other documents, will help support your case. In addition, the process of suing your employer in an age discrimination lawsuit can be time-consuming and complicated. It’s in your best interest to hire an experienced employment age discrimination lawyer in Philadelphia to represent you.


Employment Age Discrimination Lawsuits are Complicated

Due to the complex nature of age discrimination lawsuits, experts advise individuals to hire an employment age discrimination lawyer to have by your side through the entire process. An employment age discrimination attorney can assess your chances of a successful trial and help you determine best legal options. Before you file a complaint in court, consider reporting the incident to your company’s established grievance system (likely through human resources), or negotiating with your employer to find a resolution. If you have strong evidence of age bias, research shows that employers will likely want to settle out of court.

Should I Hire an Employment Age Discrimination Lawyer?

An employment age discrimination attorney can review the facts and circumstances in your case and represent you at hearings. Contact a Philadelphia employment discrimination lawyer to talk about the merits of your case and to discuss the appropriate legal processes in your state. if your age discrimination lawsuit is successful in court, you may be awarded damages, including compensation for lost pay, attorney’s fees, and possibly emotional distress damages.

State laws may offer more protection than federal law. Contact our employment age discrimination lawyers in Philadelphia and Mount Laurel at 856-778-9700 to learn more.


Have Your ADEA Rights Been Violated?

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