An employee could lose his or her job for many reasons, but age shouldn’t be one of them. It is unlawful for employees to hire, fire, promote, or demote people based solely on their age. If you’re over 40 and were fired, not hired, or suffered any other adverse employment action because of your age, you may have the right to compensation for your lost wages and other damages.
The Dallas age discrimination attorneys at Rochelle McCullough are prepared to help you understand your legal rights. We’ve successfully brought many age discrimination cases in Texas and have a proven track record of standing up to discrimination in the workplace. Contact Rochelle McCullough to schedule an initial consultation to learn whether you have a valid compensation claim.
What Is Age Discrimination?
State and federal laws prohibit age-based discrimination in the workplace. Unfortunately, many companies engage in age discrimination for many different reasons. Employers may attempt to hire younger employees who will do the same job as a more experienced attorney for less money. In other cases, employers may wrongly assume that older employees aren’t as technologically capable as younger employees.
Employers may deny the promotion of an older employee because of his or her age, even though the employee is qualified for the position. If any of these situations have happened in your case, you may make a claim against your employer for age discrimination.
Understanding Your Rights as an Employee
The Age Discrimination in Employment Act (ADEA) is a federal law that makes age-based discrimination illegal in the United States. Specifically, the ADEA prohibits employers from discriminating against employees because of their age. In other words, employers can’t use biases about workers over 40 to make adverse employment actions against job applicants or employees. The ADEA protects employees over 40 from discrimination “in the workplace,” a phrase that is interpreted broadly to describe any facet of work, including:
- Interviewing
- Hiring
- Training
- Job evaluations
- Promotion
- Demotion
- Discipline
- Compensation
- Termination
Additionally, if a workplace policy or practice has a disparate impact on employees over 40, it’s unlawful. In other words, any policy an employer has that disproportionately negatively impacts workers over 40. It is unlawful. The following employers are subject to the ADEA:
- Companies with 20 or more employees
- Employment agencies
- Local government employers
- State government employers
- Federal government employers
- Labor organizations
Employee Protections Under the Texas Labor Code
The Texas Labor Code has specific state laws prohibiting an employer from considering a potential or current employee’s age when making decisions about the employee. In Texas, it is unlawful for an employer to retaliate against an employee for making an age discrimination claim against the employer. The Texas labor code covers the following:
- Companies with 15 or more employees
- Employment agencies
- Local government employers
- State government employers
- Federal government employers
- Labor organizations
Comments, Insults, and Jokes Regarding Age
Older workers can also face age-based harassment in the workplace. Management or coworkers may make disparaging age-related comments and insults. If consistent and regular, these types of harassing comments can potentially create a hostile work environment that could be considered harassment. The jokes, comments, and insults must be abusive and severe to prove that a hostile work environment exists.
Pursuing an Age Discrimination Claim in Texas
If you’ve been discriminated against because of your age, it’s crucial that you discuss your case with a skilled attorney. Pursuing an age discrimination case could result in you obtaining compensation for your legal fees, lost wages, and other compensatory and punitive damage. If you’ve been wrongfully terminated from your position because of your age, the court has the right to reinstate you to your position. In order to have a case for age discrimination, you will need to prove three elements:
- You are 40 years old or older
- Your job performance is satisfactory
- An adverse job action was taken against you
- A similarly situated and substantially younger employee was treated more favorably
The attorneys at Rochelle McCullough can help you understand your options. Depending on the facts in your case, you may benefit from pursuing a discrimination claim with the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC). We can often help claimants negotiate a settlement agreement without going to court. If your case proceeds to court, you can rest assured that one of our experienced litigators will advocate for you.
What Should I Do If I Have Been Discriminated Against Because of My Age?
If you believe your position was terminated, you were demoted, or you were denied a position due to your age, it’s crucial you speak to an attorney. You should also keep any available evidence of the discrimination, including emails and text messages. If you believe your company’s policies have disproportionately harmed older workers, one of the skilled attorneys at Rochelle McCullough can help you gather evidence showing the disparate impact.
For example, if the company engaged in a round of layoffs and 75 percent of the employees laid off were over 40, the policy likely violates state and federal anti-discrimination laws. The company may claim that the age of most of the laid-off workers was a coincidence. Our attorneys are prepared to provide a robust, strategic legal case proving discrimination. We know how to hold employers accountable for discriminating against employees based on age. When we agree to pursue a case, we are confident unlawful discrimination has occurred, that our client has a right to be compensated, and that the at-fault employer should be held accountable.
Hire a Dallas Age Discrimination Attorney Today
Loss of promotion due to age, paying older workers less, hiring only younger workers, and unjust disciplinary actions are only a few discriminatory practices older workers can face. If you’ve been discriminated against because of your age, it’s essential to understand your legal options.
Rochelle McCullough is prepared to help you enforce your rights and pursue an age-discrimination-free workplace. We’re dedicated to protecting the rights of employees and potential employees over 40. Contact Rochelle McCullough to schedule a complimentary, no-obligation consultation with one of our Dallas employment attorneys.