We are Staunch Defenders of Employee Rights
Usually, wisdom and discernment come with advanced age. Older, or as we like to call them at Leeds Law Firm, “more seasoned” employees have been around the proverbial block a few times. More seasoned workers have seen and experienced many different situations in the workplace over the course of their careers. When it comes to the workplace, nothing usually surprises the more seasoned worker; and often, more seasoned workers have witnessed discrimination in the workplace before. Unfortunately, employees who are age 40 or older may be discriminated against in the workplace, being passed over for promotions for positions they are more than qualified for or terminated due to a discriminatory and incorrect assumption that they are not “sharp “ enough to remain in the workforce. If you notice any negative action being taken against you in the workplace and you think age may be a motivating factor in the employer’s negative actions or discriminatory behavior, contact a Houston employment lawyer experienced in age discrimination cases to help you understand your rights and inform you of what action you can take.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. Age discrimination involves treating an employee less favorably because of his or her age or discriminating against an employee by taking negative actions against him/her because of age-related bias. Some examples of discriminatory behaviors or illegal actions that may violate the ADEA include offensive or derogatory remarks about a person’s age, failing to promote or hire a worker 40 years of age or older who is qualified for the job because of his/her age, making comments that an older employer should retire or quit because he/she is too old to work when the employee is qualified and has no intentions to end his/her employment.
Have you noticed negative remarks being said about the older employees at your job? Are certain training and workshops limited to the younger workers? Are disparaging remarks being made about your technology skills? If you notice any of these actions and have also been demoted, passed over for a promotion, not hired for a job, or terminated from your current job, you may have experienced illegal age discrimination. It may be in your best interest to contact a Houston employment lawyer that can listen to your story and discuss all of your rights under the law.
Maybe you see that your workplace is becoming increasingly younger. As you look around you, notice that your colleagues that are around your age are slowly but surely, disappearing and being replaced by significantly younger workers. Or, perhaps you notice that you keep getting passed over for a promotion, despite being more than qualified while the younger workers are getting promoted left and right. Or, maybe your role and responsibilities are being decreased while a younger colleague in your department is experiencing an increase in their role and responsibilities. Age discrimination in the workplace is illegal, and if you experience it, you may have a case. If you are in the Houston area and think you may be a victim of age discrimination, contact Leeds Law Firm to speak with an experienced employment lawyer. Knowing your rights is the first step and an important one.
Employers have several possible reasons for discriminatorily favoring younger workers. For example, most employers realize that they can pay a younger employee less money than they pay an older employee. This is because the older employee usually has a lot more experience than the younger employee. Also, employers feel like they will get a better return on investment from the training that they put into younger employees. Furthermore, employers think that older employees will probably use more health benefits than younger employees, which costs the company more money. Additionally, employers feel that younger employees are better at adapting to changes in the workplace; and possess better technology skills than older workers.
A specific Supreme Court decision in 2009 has made proving age discrimination cases more difficult. That is why you need an experienced age discrimination attorney on your side to help you prove your case. Employers are becoming increasingly savvy in the reasons that they give to try to cover up age discrimination. However, if you feel that you have been a victim of age discrimination, please contact our office. Contact Leeds Law Firm and have a discussion about your situation with a Houston employment lawyer. We can ask you the proper questions to evaluate your situation and see if it is a case that we can represent you.
Why Do I Need an Age Discrimination Attorney in Texas?
Many people facing age discrimination in the workplace may be tempted not to hire an attorney, thinking they can handle the situation on their own. This can be a mistake, as navigating the legal system can be complex and difficult, and representing oneself in a discrimination case is often challenging.
Here are just a few reasons why hiring an experienced employment attorney can be beneficial in age discrimination cases:
- Knowledge of the law: An attorney who works in employment law will have a deep understanding of the legal process and the intricacies of discrimination law. This knowledge can be invaluable in securing a favorable outcome in your case.
- Experience in negotiations: Attorneys are skilled negotiators and can work with your employer to reach a fair settlement without the need for a lengthy and costly court battle.
- Strong representation in court: If your case does go to court, an attorney can provide strong representation, making the strongest case possible on your behalf and ensuring that your rights are protected.
- Help to navigate the legal process: The legal process can be confusing and overwhelming. An attorney can help guide you through the process, ensuring that all necessary steps are taken, and deadlines are met.
What Do I Need To Know About Age Discrimination in Texas?
Age discrimination is illegal in Texas and is prohibited under both state and federal law. Here are some key things to know about age discrimination in Texas:
Definition of age discrimination
Age discrimination refers to unequal treatment of an individual because of their age with respect to any aspect of employment, including hiring, promotion, termination, or any other term or condition of employment.Protected Age Group
Under the Age Discrimination in Employment Act (ADEA), individuals who are 40 years of age or older are protected against age discrimination in the workplace.Burden of Proof
The burden of proof in age discrimination cases in Texas is typically on the employee to show that age was a factor in the adverse employment action taken against them.Filing a Complaint
If you believe you have been the victim of age discrimination in Texas, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission’s Civil Rights Division.Statute of Limitations
In Texas, you must file a complaint with the EEOC or the Texas Workforce Commission within 300 days of the last discriminatory act.Remedies
If you are successful in an age discrimination case, you may be entitled to relief such as back pay, front pay, reinstatement, and compensation for emotional distress, among others. If you believe you have been the victim of age discrimination in Texas, it is important to seek the help of an experienced employment attorney who can advise you on your rights and help you navigate the legal process.How Do I Spot Age Discrimination?
Age discrimination can be difficult to spot, as it often takes subtle forms. However, there are some common signs to look out for, including:
- Differential Treatment: You may notice that you are being treated differently by your colleagues who are older or younger than you with respect to promotions, pay raises, or other job benefits.
- Stereotyping: Age-based stereotypes and assumptions about older workers, such as that they are less productive or less adaptable, can be a sign of age discrimination.
- Harassment: Age-based jokes, insults, or harassment from colleagues or superiors can be a sign of age discrimination.
- Disparate Impact: A facially neutral employment policy or practice that has a disproportionate impact on workers who are 40 years of age or older can be a sign of age discrimination.
- Unequal Termination: If you are terminated from your job and replaced by a younger worker, it may be a sign of age discrimination.
- Failure to Promote: If you are repeatedly passed over for promotions in favor of younger employees, it may be a sign of age discrimination.
What is the Older Workers Benefit Protection Act?
As an older worker, it’s essential to know that you have protections in place in the event of a mass layoff through the Older Workers Benefit Protection Act (OWBPA). This law clearly states that workers over the age of 40 must have a minimum of 45 days to consider any severance offer they receive, and they also have the right to revoke their agreement within seven days of signing the severance package. Additionally, employers are required to provide information about the age and position of all other workers who are also being laid off. Keeping these protections in mind can help ensure that your rights are being respected during a difficult time.
How Can I Fight Against Age Discrimination?
If you believe that you have been the victim of age discrimination, there are several steps that you can take to fight against it:
- Document the discrimination: Keep a record of any instances of age discrimination, including dates, names of individuals involved, and the specific actions that you believe are discriminatory.
- File a complaint with the Equal Employment Opportunity Commission (EEOC): The EEOC is the federal agency responsible for enforcing the Age Discrimination in Employment Act (ADEA). You can file a complaint with the EEOC by contacting your local EEOC office.
- Consult with an experienced employment attorney: An experienced employment attorney can advise you on your rights and options and can help you determine whether you have a valid claim.
- Negotiate a resolution: In some cases, it may be possible to negotiate a resolution with your employer that addresses the age discrimination and provides a remedy for the harm that you have suffered.
- File a lawsuit: If you are unable to resolve the age discrimination through negotiation, you may choose to file a lawsuit. A lawsuit can be an effective way to hold your employer accountable for its discriminatory practices and to recover damages for the harm that you have suffered.
Call our Experienced Age Discrimination Attorney!
Age discrimination is a growing concern in the workforce, particularly as the population ages and more people work past retirement age. Despite being illegal, many employees face discrimination based on their age, whether it’s being passed over for promotions or being unfairly terminated. This type of discrimination can have a profound impact on an individual’s career and financial stability.
At Leeds Law Firm, located in Houston, Texas, we understand the difficulties of facing age discrimination in the workplace. Our team of experienced employment attorneys is dedicated to fighting for the rights of our clients and helping them get the justice they deserve.
At Leeds Law Firm, we have a successful track record of leading clients to victory in age discrimination cases. Our attorneys are knowledgeable about the law and have a deep understanding of the unique challenges faced by older workers. We work tirelessly to build strong cases and represent our clients with the utmost professionalism and integrity. Whether negotiating a settlement or taking a case to court, we are committed to securing the best possible outcome for our clients.
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