Age Discrimination
Age discrimination is when an employer takes an adverse action against you, such as firing, demoting, or refusing to hire you, because of your age. Federal law under the Age Discrimination in Employment Act (ADEA) protects employees who are 40 or older. North Carolina and South Carolina state law follows the federal framework.
North Carolina’s Equal Employment Practices Act provides the same protection from discrimination; however, the state law does not prohibit retaliation. South Carolina’s Human Affairs Law provides protection more similar to the federal law.
See answers to other frequently asked questions about age discrimination at work.
EEOC Guidance on Age Discrimination
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 patterns 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 replace the older workers with younger hires who happen to have a different job title, but ultimately carry out the same tasks.
Contact an Age Discrimination Attorney
If your employer treated you worse than younger coworkers in similar roles, that disparity may form the basis of a legal claim of age discrimination. Herrmann & Murphy’s attorneys have won jury trials, arbitrations, and settlements in North Carolina and South Carolina. Request a consultation with our legal team to find out whether your situation warrants legal action.
For more information about age discrimination in the workplace contact the employment law attorneys at Herrmann & Murphy. Call our North Carolina office during business hours at 704.940.6399 or call our South Carolina office at 864.516.7526.
Age Discrimination FAQs
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 consultation 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.
The ADEA protects employees and job applicants who are 40 years of age or older. The law applies to employers with 20 or more employees, including private companies, state and local governments, and employment agencies. There is no upper age limit on protection. Younger workers are not covered under the ADEA, though other laws may apply in certain situations.
Most cases are built on patterns of behavior that show your age was a motivating factor in your employer’s decision, which could include:
- Comments about your age
- References to wanting someone “younger” or “’fresh”
- Patterns of laying off older employees while retaining younger ones in similar roles
- Being passed over for promotions given to younger, less experienced coworkers
- Sudden negative performance reviews after years of positive ones
Read more about the key evidence needed to prove employment discrimination.
Possibly, if age was a motivating factor in the adverse action. The full context of how you were treated compared to younger employees matters more than the exact age of your replacement.
Yes. The ADEA prohibits age bias in hiring. If a job posting signals a preference for younger applicants, or if you were denied a position despite being qualified and later learned someone significantly younger with less experience was hired, that may support a discrimination claim. Herrmann & Murphy attorneys handle age discrimination cases for hiring practices in North Carolina and South Carolina, as well as discriminatory actions during the course of employment.
In a successful age discrimination case, employees can typically recover back pay for lost wages, front pay for future lost earnings and attorney fees. The ADEA also allows for liquidated damages, which can double back pay awards if the employer’s conduct was found to be willful.
