Discrimination against anyone forty years of age and over is illegal. In most cases, an employer who fails to hire an older worker, promotes a less qualified worker, or who does not give the older worker the same benefits as younger workers can be held accountable for age discrimination. Anyone forty or older who has received differential treatment from younger coworkers may have the right to ask for a variety of job-related damages.
At Sam Nicholson Law Office, PLLC, our Kentucky age discrimination lawyers have extensive experience bringing claims before the Equal Opportunity Employment Council and in state and federal court. Our approachable lawyers understand the frustrations and anxieties that older workers experience in a market that seems to favor youth. We guide clients through every phase of their case and pursue the full extent of justice.
Examples of age discrimination in the workplace
Our Kentucky age discrimination lawyers are proficient in determining whether age discrimination has occurred. We hold employers responsible when they blame the older worker or justify their actions on false grounds. Some of the many types of elder discrimination cases we handle include:
Failure to pay a proper wage. Employers are not allowed to pay less experienced workers who do the same work more money.
Failure to promote. Employers cannot justify promoting a younger worker if the advanced position does not require skills that directly relate to a person’s age.
Failure to hire. Often this is the toughest case to prove. Employers and human resource departments often disqualify someone who is forty or older because they assume a younger worker will do the job for less money or that the older worker may retire. A Kentucky age discrimination attorney at the Sam Nicholson Law Office has the experience to prove a failure to hire was age-related.
Firing older workers first. Older workers tend to have higher salaries if the company has a policy of giving periodic wage increases. Employers cannot fire older workers on this ground alone.
Failure to give an honest work review. Older workers are entitled to be judged on their work performance. Negative work performances can be challenged if they lead to less pay or a failure to promote.
Failure to train or educate. Older workers have the right to learn and take work-improvement courses in the same capacity as younger workers. This includes apprentice programs as well as continuing education courses.
Providing a hostile work environment. All workers should be sensitive to the feelings and rights of older workers.
Often age discrimination can be subtle. Employers will try to assert some blame on the older worker. Our law firm understands these subtleties. We know what evidence to seek to show the older worker was treated unfairly because of their age.
Employers subject to the ADEA cannot include age preferences or limitations in job notices unless a younger age is directly necessary to the job. Requests for the applicant’s age or date of birth are suspect. The Older Workers Benefit Protection Act of 1990 is another federal law that precludes employers, with some exceptions, from denying benefits to older workers even if the cost of the older worker’s benefits is higher. Employers can factor in insurance for workers entitled to Medicare.
Age discrimination remedies
The main strategy our Kentucky age discrimination lawyers employ is the Age and Discrimination in Employment Act (ADEA). This federal law prohibits discrimination against anyone 40 years or older. The act does not apply to every employer – only certain sized employers and certain types of employers.
The first step the Sam Nicholson Law Office lawyer makes is to help the claimant file a proper complaint before the EEOC. If the Equal Employment Opportunity Council does not provide justice when discrimination is clear, our firm files a claim in federal or state court asserting a violation of the ADEA and any other applicable laws.
The ADEA also makes it illegal for an employer to retaliate against an employee who files a discrimination claim or who assists in the discrimination complaint of another worker or applicant. Some employers try to intimidate the employee by penalizing the worker or creating a hostile work environment. The ADEA law provides additional legal protections when employers retaliate.
Waivers of ADEA rights may be possible but are also suspect. Employees should consult with a Kentucky age discrimination lawyer before signing any waiver.
Age discrimination is against the law. Our KENTUCKY lawyers are ready to enforce your rights.
The Sam Nicholson Law Office fights for anyone who is the subject of discrimination in Louisville, Lexington, Frankfort, Paducah, and across Kentucky. We aggressively fight to hold the employer accountable and to get you the right employment status and all the work benefits you deserve. To review your case with an experienced Kentucky age discrimination attorney, please call 502.583.3212 or complete our contact form.