Both Federal and State law prohibit age discrimination in the workplace.
It is illegal for an employer to discriminate against an employee or applicant based on age. The Age Discrimination in Employment Act (ADEA) is the federal law that protects employees against age discrimination. The ADEA prohibits employers from discriminating against anyone over 40 years of age because of age and applies to private employers with 20 or more employees.
The ADEA protects employees in all aspects of their employment relationship with their employer. For example, when an applicant seeks employment, it is illegal for an employer to discriminate against her in any aspect of the job application process. Once employed, the ADEA protects employees from discrimination because of age regarding compensation, benefits, retirement, job evaluations, promotions, assignments and termination.
The Older Workers Benefit Protection Act (OWBPA) is a federal law that makes it illegal for employers to use an employee’s age to discriminate against employees when disbursing benefits or approving retirements. Employers cannot lower benefits, like insurance or contributions to pensions, when employees continue to work past the typical retirement age.
If you bring a discrimination claim under Title VII or the Texas Labor Code’s anti-discrimination provisions, you must first file a charge of discrimination with either the Equal Employment Opportunity Commission or a complaint with the Texas Workforce Commission. There are very specific deadlines from which you must file your charge of discrimination or complaint, and you must file your charge of discrimination or complaint before you can file a lawsuit.
Have you been a victim of age discrimination? If you think your age is the reason for your employment discrimination, please contact a Houston Age Discrimination Attorney at Simon Herbert & McClelland LLP. An ageism lawsuit might be an option to pursue you age discrimination claims. Determining whether your employer is covered under Title VII or the Texas Labor Code’s anti-discrimination provisions can be complicated. In order to help you make this determination, you should contact our offices as soon as possible so we can help you with that determination.
Simply fill out our free case evaluation form or call us at 713-987-7100, and someone from our office will respond to you promptly to help you assess your potential age discrimination claims.