Houston, Texas Age Discrimination Attorney

We are Staunch Defenders of Employee Rights

Call Leeds Law Firm, PLLC at 713-322-9626 to schedule a consultation with a lawyer today.

Impact of Age Discrimination on Employees and the Workplace Environment

The impact of age discrimination extends far beyond individual employees. It affects the overall workplace environment and the company culture. When age discrimination occurs, it sends a message that the value and contributions of older employees are less important. This can have several negative consequences:

• Lower Morale and Job Satisfaction: Employees who face or witness age discrimination may feel undervalued or marginalized, leading to decreased morale and job satisfaction. This is true not just for older employees but for the entire workforce, as they see the lack of fairness and respect.
• Decreased Productivity: Discrimination of any kind can lead to a decrease in productivity. Employees who feel discriminated against are less likely to be engaged with their work, affecting their output and the overall productivity of the team.
• Increased Turnover: High levels of discrimination can lead to increased turnover, especially among older employees who feel they are no longer welcome or valued. This not only results in the loss of experienced and skilled workers but also incurs significant costs related to recruitment and training.
• Toxic Work Environment: Age discrimination can contribute to a toxic work environment, where respect and equality are undermined. Such an environment can deter potential employees and damage the company’s reputation.
• Loss of Diversity: Age diversity, like other forms of diversity, brings a wide range of perspectives, skills, and experiences to the workplace. Discrimination against older employees can rob an organization of this valuable diversity, limiting creativity and innovation.

The Legal Framework Surrounding Age Discrimination

The fight against age discrimination in the workplace is supported by a solid legal framework at the federal and state levels. This framework ensures that employees have protections against unfair treatment based on age and provides avenues for addressing grievances.

• Federal Protection: ADEA- The ADEA, enacted in 1967, is a key federal law that protects employees and job applicants aged 40 and older from discrimination in any aspect of employment, including hiring, firing, promotion, job assignments, and benefits. The ADEA applies to employers with 20 or more employees, including federal, state, and local governments, as well as employment agencies and labor organizations.
• State Protection: Texas Labor Code- In addition to the ADEA, the Texas Labor Code provides further protections against age discrimination for workers in Texas. While mirroring the protections offered by the ADEA, the Texas Labor Code extends these protections to some smaller businesses that may not be covered under federal law. This dual layer of protection ensures a broader coverage for Texas workers against age-related discrimination.
• Enforcement Agencies- Two key agencies are responsible for enforcing these laws and ensuring that workers’ rights are protected:
• EEOC: At the federal level, the EEOC is charged with enforcing the ADEA. Individuals who believe they have been discriminated against due to their age must first file a charge with the EEOC before taking any legal action in court. The EEOC investigates complaints, mediates disputes, and, if necessary, can file lawsuits on behalf of individuals against their employers.
• TWC: At the state level, the TWC handles complaints of age discrimination under the Texas Labor Code. Similar to the EEOC, the TWC provides a process for filing complaints, investigating allegations of discrimination, and mediating disputes between employees and employers.

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 about 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.

If you suspect that you may be the victim of age discrimination, it is important to document any instances of discrimination and to seek the advice of an experienced employment attorney. They can help you determine whether you have a valid claim and can advise you on your rights and options.

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:

1. 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.
2. File a complaint with the EEOC: The EEOC is the federal agency responsible for enforcing the ADEA. You can file a complaint with the EEOC by contacting your local EEOC office.
3. Consult with a competent employment attorney: An employment attorney can advise you on your rights and options and can help you determine whether you have a valid claim.
4. 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.
5. 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.

It’s important to remember that fighting against age discrimination can be a complex and time-consuming process. The support of a knowledgeable employment attorney can be invaluable. They can help ensure that your rights are protected and can guide you through the legal process.

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.

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.