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Birmingham Age Discrimination Attorneys
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Under the Age Discrimination in Employment Act (ADEA), it is illegal for employers, employment agencies, and the federal government to discriminate against workers who are age 40 and over when it comes to hiring and other aspects of employment. The ADEA applies to employers with at least 20 employees.
Common Examples of Age Discrimination in the Workplace
Despite the existence of the ADEA, many employers continue to engage in age-based discrimination. The following are common forms of discrimination employees might face because of their age:
- Hiring or promoting a younger, less qualified worker for a position
- Reducing or terminating benefits to avoid paying pensions
- Firing an employee to avoid paying pensions
- Failing to consider older workers for training or promotions
- Disproportionately laying off workers who are older than 40
- Demeaning remarks or insults related to an employee's age
- The employer has a pattern of only hiring younger employees
- Removing older employees from challenging work or major projects
- Purposefully leaving older employees out of meetings and important decisions
- Isolating an older employee away from the rest of their department or group
- Being encouraged or forced to retire
- Eliminating an employee's job title and then hiring a younger employee to perform the same work under a different title
- Being put on a performance improvement plan despite strong reviews in the past
- Receiving unfair disciplinary action and harsher criticism than co-workers for similar issues or mistakes
Proving Age Discrimination in the Workplace
Employees need to establish that they are 40 or older and were adversely affected by an employment action that was motivated by their age. The words of supervisors and human resources departments usually provide the best evidence for these cases. That is why it is crucial to carefully document any situations in which your age is mentioned at work, such as your supervisor asking if you can still perform aspects of your job because of your age. You should also make note of any discipline and exclusion you experience due to your age.
What Remedies Are Available If I Experience Age Discrimination?
The following are some legal remedies that may be available to you should you pursue legal action based on employment related age discrimination:
- Monetary Damages: If you can demonstrate that you were harmed as a result of age discrimination, you may be eligible for monetary compensation. This may include back pay for earnings and benefits you would have received if you had not been discriminated against. You may also be given front pay, which compensates for future lost wages, as well as compensatory damages for mental anguish or other suffering caused by the discrimination.
- Injunctive Relief: A court may issue an injunction to stop discriminatory behaviors or policies in your workplace. To prevent future age discrimination, the employer may be required to amend their rules, conduct anti-discrimination training, or take other corrective actions.
- Attorneys' Fees and Costs: If you win an age discrimination action, the defendant may be required to reimburse your attorneys' fees and expenses. This helps to guarantee that people have access to legal assistance without being burdened by the costs of pursuing a claim.
- Reinstatement or Promotion: In some situations, a court may order your employer to reinstate you to your old position or to promote you to a better position that you were unlawfully refused due to age discrimination. However, this remedy is less common and depends on the unique circumstances of a case.
Please keep in mind that the legal remedies available to you will depend on numerous factors. At Michel | King, we have over 50 years of experience in employment law matters. Our dedicated team of attorneys is well-versed in handling age discrimination cases and can provide you with comprehensive legal advice. We understand the complexities of age discrimination laws and will work diligently to protect your rights and pursue the remedies that are available to you.
Can My Employer Ask About My Age?
In Alabama, as in most states, it is generally not unlawful for an employer to ask about an applicant's age or date of birth. However, it is important to note that asking about age during the hiring process may raise concerns related to age discrimination.
While the law does not explicitly prohibit employers from asking about an applicant's age, it does prohibit age-based discrimination in regard to employment decisions. This means that employers cannot treat employees differently or make other employment decisions, such as hiring, promotion, or termination, based solely on an individual's age if they are 40 or older.
If you believe you have experienced age-based discrimination in the workplace, you should consult with an age discrimination lawyer in Birmingham who can evaluate your situation and provide advice based on Alabama and federal laws.
Over 50+ Years of Combined Experience on Your Side
Age discrimination continues to be a prevalent issue for workers over the age of 40, which is why our team of skilled attorneys is committed to using our knowledge of the law to help workers fight back against employers who mistreat them and violate the law. We are familiar with the various tactics that employers use to discriminate against older employees, and we have the extensive resources you need to prove you have a valid claim.