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Age Discrimination Takes Place Despite Laws that Are in Place to Protect Workers

There is no substitute for experience in the workplace. Unfortunately in today’s labor market, sometimes experience can be looked upon unfavorably by some employers. Despite the fact that it is against the law, older workers are too often denied access to employment or promotions based solely on their age. Age discrimination is rarely obvious and that means if you file a claim, it can be difficult to prove. Many companies provide training for various forms of discrimination including age discrimination – meaning that it can be much more subtle when it takes place, because another employee may think they are not crossing over a perceived line.

The bottom line is that age discrimination is against the law, and when it takes place, one of the recourses a victim has is to retain an age discrimination attorney in Boston who specializes in age discrimination cases in order to seek damages.

Protected by the Age Discrimination Employment Act (ADEA)

Congress passed the Age Discrimination Act which prohibits discrimination against employees who are 40 years old or older. It applies to all employers who have 20 or more employees, including all levels of government, employment agencies, and labor unions.

Some forms of discrimination covered under the law include offensive or derogatory remarks about a person’s age. Discrimination can also take the form of harassment that creates a hostile work environment and results in an adverse employment decision that goes against the older worker. This may include an older worker being fired or demoted, among other actions.

Rather than seeking damages, an age discrimination attorney may be able to negotiate a severance package or a buyout package in exchange for an older employee waiving their rights under the ADEA. In situations like this, it’s critical to make sure the attorney drafts the agreement properly, specifically refers to the worker’s ADEA rights, and that they are given ample time to review the agreement before signing it.

Davis & Davis, P.C. serves clients in Boston and other surrounding Massachusetts communities.

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