Age Discrimination in the Workplace
Age discrimination is a common violation of legal rights in the workplace. The Age Discrimination Act prohibits employers from making employment decisions that are based on those individuals over the age of 40. In addition, Title VII of the Civil Rights Act of 1964 protects the employment rights of workers who have been discriminated against based on age. Age discrimination is one of the many forms of discrimination that occur in the workplace.
Employers must prevent this type of discrimination by having unbiased and fair practices and procedures. This follows through in the hiring, promotion and firing aspects of employment. An employer should have clear job criteria that concentrates on a person's previous work history, skills, education, awards and training. In the hiring process, all applications, interview questions and tests should relate to the job description so that it does not become a form of age discrimination. In addition, all job ads must not contain age discrimination.
During the course of employment, an employee's job performance and attendance should be the focus in determining wage increases, promotions, training opportunities, demotion and discharge. Age discrimination can easily be prevented by having clear expectations and pre-determined guidelines, which do not rely on stereotyping. Employers also have the duty of preventing age discrimination that is derived from co-workers.
Age discrimination can prevent many people from getting the types of jobs that they deserve. Older employees frequently face numerous hardships that prevent them from re-entering the workforce or maintaining their current employment. You may be wondering if you are a victim of age discrimination. Before starting any type of legal action against your employer, you should consult an attorney that is familiar with age discrimination. This lawyer will be able to listen to your issues and offer an objective opinion as to whether or not your legal rights have been violated.
If you are thinking about bringing about the legal action on your own, you should consider a couple of potential consequences. If you were to represent yourself pro se, you could miss important deadlines that are set by the agency or you may inadvertently settle your case for less than what is owed to you. You would also have to handle all aspects of your case which includes phone calls, emails, letters, motions, litigation, discovery, motions, appearances, negotiations and any research that is required to properly prepare your case. These are things that most people are not able to handle on their own, especially when combined with a full-time job.
It is important to note that when you are seeking a lawyer, you should only work with an experienced attorney because they have the education, training and experience to handle age discrimination. These attributes are important when pursuing legal action because you want a lawyer to have a working knowledge of all the labor laws and an understanding of how labor agencies and court systems operate.
A lawyer that is experienced with age discrimination is the an ideal factor to a winning case against an employer. The legal strategy that will be created by your attorney will give you a better chance of success when your legal rights have been infringed upon. If you would like to learn more, fill out the form on the right and an attorney will contact you shortly.
