Age Discrimination Law
With companies desperately looking for means to reduce costs, more and more companies are laying off older workers. Nationwide, there was a 22% increase in Age Discrimination in Employment Act lawsuits from 2007 to 2008. This stated, 2009 promises to rival that increase.
The Age Discrimination Employment Act of 1975 and the Older Workers Benefit Protection Act of 1990 are two critical documents in protecting the rights of workers over 40 years of age. While the ADEA refers specifically to programs or activities receiving Federal financial assistance, it changed none of the provisions of ADEA of 1967, which covers the hiring and dismissal practices of all U.S. employers.
The Age Discrimination Employment Act of 1975 has an oversight organization which acts as the first stop for employees that feel they may be the victim of age discrimination. The U.S. Equal Opportunity Commission or EEOC is the watchdog organization for all forms of federally legislated employment discrimination complaints, including discrimination based on race, age, national origin or gender. An experienced labor attorney can help you walk through the process of filing a complaint with the EEOC. A critical aspect of filing an age discrimination complaint is ensuring that the facts included in the initial complaint assign that complaint a high priority.
In any EEOC age discrimination investigation, a settlement between the parties can occur at any stage if both the employer and the employee can agree upon a settlement. Some charges are selected for mediation by the EEOC. This is a method of avoiding a lengthy and resource-intensive investigation. In order for a case to go to mediation, both parties must agree to participate and participation is strictly voluntary.
Even if the EEOC dismisses an alleged case of age discrimination, this does not preclude an employee from filing a private law suit. After the investigation dismissal, the charging party has 90 days to file a lawsuit. The merits of the case may increase with additional documentation or investigation. An experienced employment law attorney can advise charging parties regarding the best option to pursue.
If the EEOC determines through an investigation that there has been age discrimination, then the EEOC will attempt to work with the former employer in order to build an appropriate remedy for the damage caused by the discrimination. Provided the remedy is fulfilled, then the charging party and the EEOC have no further court options unless the former employer fails to meet the terms of the remedy. However, if the employer refuses to agree on a remedy, then both the EEOC and the injured party have the option to file a suit in federal court.
The Older Worker Benefit Protection Act of 1990 outlines very specific requirements when companies offer workers early termination benefits. If the company does not adhere to all of the disclosure requirements, older workers may have a strong legal case to pursue damages against their former employer. If the information relating to a reduction in force (RIF) does not contain the following, there may be a significant cause for a claim against your employer:
- the group covered by the RIF program;* the eligibility requirements and time limits of eligibility;* the job titles and ages of all individuals who are eligible or who were selected for the program; and* the ages of all individuals in the same job classification or organizational unit who are not eligible or who were not selected.
Employment law is a complex and subject to very subtle interpretation. If you are in the protected age class of the over 40 worker, consider contacting an employment law professional if you are laid off in a manner that implies age as a factor.
For more information visit theU.S. Equal Opportunity Commission.
