Age Discrimination in the Workplace
The Age Discrimination in Employment Act protects employees over the age of 40 from discrimination on the basis of age. Indeed, age discrimination is one of the most common types of illegal workplace bias in the United States. Companies regularly strive to be younger. But doing so is illegal if it comes at the expense of older workers.
Even if two employees are over 40, employees cannot discriminate against one who is significantly older than the other. In other words, it’s illegal to discriminate against a 60-year-old worker to the benefit of one who is 50.
Moreover, companies tend to be particularly prone to pattern or practices of age discrimination. For example, it is not uncommon for a company to terminate older workers as part of a “reorganization” and disproportionately retain younger workers or, just as common, replace the older workers with younger hires that simply happen to have a different job title, but ultimately carry out the same tasks.
Age discrimination can be well-hidden, but Herrmann and Murphy’s attorneys have the experience necessary to find the telltale signs that prove it occurred. If you believe you are the victim of age discrimination, you should reach out for a legal consultation today.
Do I Have a Case?
Employees Must File Claims Within 180 Days
Employees must bring these claims to the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act.
Unfortunately, the EEOC is far more likely to harm your case than to help your cause. Therefore, we strongly recommend you reach out for a consult before going to the EEOC if you believe you have been the victim of unlawful employment discrimination or retaliation. No matter what, though, you must comply with the 180-day deadline. Therefore, you should file with the EEOC immediately if it has been five months since the adverse employment action occurred.
North Carolina’s Equal Employment Practices Act provides the same protection from discrimination. However, the law does provide for the defendant to pay your attorneys’ fees the way that the federal law does. Nor does the state law prohibit retaliation.
South Carolina’s Human Affairs Lawprovides protection more similar to the federal law and provides employees a longer period of time to file their discrimination claim (up to 300 days).
For more information about age discrimination in the workplace contact the employment law attorneys at Herrmann & Murphy by submitting a form or calling us at 704.940.6399 or 864.516.7526.