Age discrimination at work is one of those situations that have been around for a while but only recently have they been widely recognized. Sometimes employees may not immediately realize the symptoms and sometimes, even when they do, they feel unsure or uneasy about what to do next. Age discrimination is often very quiet in your face, but the key to tackling it is to spot it as soon as possible. If you think that your age is being used as a reason against you at work, it is indispensable that you access the required information on your rights and legalize your steps accordingly.
Table of Contents
Understanding the Signs of Age Discrimination at Work
Age discrimination may be different on each occasion and sometimes it may be so obvious that you are simply not chosen to be promoted and the promotion is given to a younger worker or to be very subtle that you are not invited to the meetings where decisions are made and your contribution is not asked for. At times, references to your age or “retirement age” may be the only way that your employer is communicating to you that he is treating you differently. If you find yourself in situations of discrimination, then, it is highly advisable that you not only concentrate on these situations but also begin keeping a record of such instances.
Taking Action if You Suspect Age Discrimination
If you suspect age discrimination, the first step is to document all instances that you feel may be related to your age. Write down specific actions, comments, or decisions that may support your suspicion. Need an Age Discrimination Lawyer in Culver City? It is very important to have gathered the info you need, your lawyer will require a very detailed account of the episodes in order to evaluate your case. Furthermore, this record can be very useful in case you decide to file a lawsuit.
Filing a Complaint with the Equal Employment Opportunity Commission (EEOC)
A subsequent step in the process of bringing an age discrimination charge is to report it to the Equal Employment Opportunity Commission (EEOC). The EEOC is the agency mandated to promote federal laws against discrimination at the workplace. Lodging a written grievance with the EEOC is the way to let them know about your problem so that they can take steps towards it and start your necessary legal actions. The filing of your grievance should be done no later than 180 days after the discriminatory incident. Your attorney will help and direct you in this operation to make sure everything is in order.
State Laws for Additional Protections Against Age Discrimination
States have their own age discrimination laws in addition to federal protections which may offer you additional coverage or remedies. For instance, the California Fair Employment and Housing Act (FEHA) not only guards against discrimination more extensively but also lets you lodge complaints in areas where the ADEA does not intervene. Besides federal laws, knowing the state and local regulations can be very useful in ensuring your case is executed efficiently.
Mediation and Litigation
In case you lodge a complaint with the EEOC or a state agency, you might also be given a choice to mediation. A mediator is a neutral person who tries to help the two parties, in this case, the employee and the employer, to come to terms with each other. More often than not, mediation is a satisfactory means of settling the dispute without the need for a trial. Still, if mediation fails or your employer refuses to settle, then a lawsuit might be your next step. Also, your lawyer will be the one to decide whether it is best to take the issue to court or look for a different solution.
What Compensation Can You Expect for Age Discrimination?
Obtaining an age discrimination lawsuit victory may grant the right to be financially compensated, in a detailed manner for such things as the wage loss, benefits, and other related damages. Sometimes where such discrimination has affected the victim’s emotional wellbeing, the latter can also be compensated for mental distress. In addition, in case the employer’s behavior was really terrible, punitive damages can be there for the taking. What exact outcomes and monetary awards you are likely to get in your situation, will be explained to you by your lawyer.
Importance of Having a Lawyer on Your Side
It is very challenging to deal with age discrimination legal issues on your own and you may often feel like the burden is too much. It is the attorney, however, who is well-versed in the intricacies of discrimination law, that can substantially affect the result of your case positively. Besides helping you understand the legal process, your lawyer will be there to represent your interests in the mediation and guide you through the steps for obtaining a favorable resolution.
Get Legal Help from Barkhordarian Law Firm
If you suspect age discrimination in the workplace, don’t hesitate to seek legal assistance. At Barkhordarian Law Firm, we know that discrimination in the workplace can be the most challenging and irritating experience. Helping people to keep their rights and make sure that they get fair treatment is the main aim of our skilled team. Get in touch with us if you want to have a talk about your case and see what your legal options are.
