The Intricacies Of Age Discrimination And The Importance Of A Case Assessment

23 April 2019
 Categories: Law, Blog


You might be looked over for a promotion at work. Maybe a policy seems great, but it favors younger employees. If you feel that you have been discriminated against at work, it's time to consider your options. If you are 40 years old or older and you believe that you have been treated unjustly because of your age, age discrimination law services can look over your case carefully. If your employer has a pattern of letting older employees go, or you have direct evidence that your age is a factor in your job, you may be able to seek financial compensation for your losses. Even if you are still working for the employer, you are protected against retaliation if you file a claim.

When You are Demoted From a Position 

If you have the qualifications for a promotion, but you don't get one, your employer may be able to prove that the newly hired person is more qualified. While age could be a big factor in why you didn't get the promotion, this can be hard to prove. If you have a position in which you are demoted and then replaced by a much younger person, you may have a much stronger case. If you don't have a history of disciplinary actions in your employee file, it is going to be hard for your employer to explain why you were demoted.

A Policy Favors Younger Employees

Your employer may suddenly create a policy that looks neutral on the surface but is more favorable to younger employees because of its general nature. You could be getting close to retirement age and have worked for decades as a machine operator. Your employer could create a policy of mandatory overtime for everyone. While a 20 something employee will be able to keep up, you might struggle. Even though you are able to work 40 hours without a problem, overtime may be an issue. If you don't do the overtime, you can be written up and subsequently fired. The policy favors those who are able to work additional hours, despite your ability to work a full-time job.

Age discrimination can happen at your workplace. An employer can let you go if they have a reasonable need to. It is your employer's history of letting older employees go that usually gets them into trouble. Direct evidence of age discrimination is rare, but establishing a pattern of behavior is common.