There are federal laws that protect workers 40 years of age and older from discrimination in the workplace. If you believe that you have been the victim of age discrimination by your employer, you do have rights and resources available to help you. You will need to maintain supporting documentation and evidence to show what happened, and then you will need to act in a timely manner so you can recoup your losses.
Your employer has the obligation to make sure that everyone gets the same opportunity in the workplace. If you believe you are not being given the same opportunities because of your age, you should start gathering supporting evidence and documentation and then start building your case right away. There are many ways you could be discriminated against because of your age, so be attentive and respond promptly and properly.
You should take note of any differing treatment, and then be attentive to see if it is age-related and if other workers your age experience the same actions. While some acts of age discrimination are obvious, others may not be as noticeable right away. You should not tolerate being mistreated because of your age or for any other reason.
Discrimination Comes in Many Forms
There are many ways discrimination can occur, and sometimes it is more discreet than others. It can include jokes, which make remarks about one’s age, or it could be derogatory comments like “if you were not too old to do the job” or “you are too old to take care of that” or “if you were younger you would know what we were talking about” or “you are probably too old to understand.”
Sometimes promotion denials, job offers, or department assignments are obviously denied because of the age of the employee or applicant. Be sure to be attentive and make note of everything, so you can prove that age played a role in the outcome of the decision. You should gather supporting evidence and documentation right away as soon as you realize your age has become a factor.
Evidence to Gather
Evidence is essential to the outcome of your claim. You will need to show that your age became a factor and that you were discriminated against because of your age.
Some of the evidence that could be beneficial to your claim includes any digital or physical communications you can collect. This may include emails or text messages or photos of any posters or photographs that are poking fun or negatively reflecting on age.
Statements from any witnesses that have seen discriminatory behavior, or any coworkers or former employees who have also suffered from discriminatory behavior because of their age can help you establish a history of their behavior and show that this kind of action is common with this employer and that you are one of many victims. When you file your complaint, you are not only helping yourself, you are also helping others and helping put a stop to the inappropriate behavior.
You should keep track of any complaints that you have made to your company’s human resources department or to supervisors. You should document their response and keep copies of any correspondence you receive regarding any complaints.
Be sure to be attentive and make note if they have done anything to correct the problem and to ensure that you were not discriminated against again. Documentation is essential to the success of your claim and it can prove that you were the victim of the inappropriate behaviors of your employer, supervisors, and/or managers. As soon as they are notified of a problem, they should act to resolve the issue.
Get an Expert on Your Side
Sometimes age discrimination claims are complicated. You may be more likely to succeed with your claim if you enlist the help of an attorney who is familiar with the employment law as well as discrimination and harassment matters. You may want to have your case evaluated by an expert who will help organize the evidence that you have brought and will investigate the matter to dig deeper into the situation.
When you speak with an employment law attorney, go over the payment options. Some employment law attorneys work on a contingency basis while others require a retainer to be paid upfront.
An attorney will be familiar with the applicable state and federal laws and will know the best way to proceed with your claim before the statute of limitations expires. Complete the Free Case Evaluation Form on this page.