We are Staunch Defenders of Employee Rights
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.
Why Do I Need an Age Discrimination Attorney in Texas?
- 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?
Definition of age discriminationAge 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 GroupUnder 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 ProofThe 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 ComplaintIf 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 LimitationsIn Texas, you must file a complaint with the EEOC or the Texas Workforce Commission within 300 days of the last discriminatory act.
RemediesIf 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?
- 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?
- 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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