Charlottesville Age Discrimination Lawyer
Employees in Charlottesville should not have to tolerate age discrimination from employers or coworkers. Both state and federal laws protect workers over the age of 40 from age discrimination in the workplace.
If you are being discriminated against by your boss because of how old you are, you should consult with a knowledgeable Charlottesville age discrimination lawyer to learn about the remedies that may be available to you. A workplace discrimination attorney could help you determine whether you may be entitled to compensation or other forms of legal relief.
State Age Discrimination Laws
Virginia Code §2.2-3903(B) prohibits business owners with at least six employees from discharging a worker on the basis of their age if they are 40 years old or older. However, this statute does not apply to employers with more than 20 workers because they are covered under federal law.
Under this state law, a court may grant a wrongfully discharged employee up to one year of back pay with interest. This amount may be adjusted if either party attempts to delay the resolution of the case.
Employees who wish to file a formal complaint of discrimination with a local circuit court must do so within 300 days from their date of discharge. However, a worker who files a complaint with the state Division of Human Rights (DHR) within 300 days may have an extended deadline. In such cases, the employee would have 90 days after the DHR renders a decision on the complaint to take subsequent legal action with the help of a Charlottesville age discrimination attorney.
Federal Protections against Employer Ageism
Companies with 20 or more employees are subject to the provisions of the federal Age Discrimination in Employment Act (ADEA). This law prohibits not only the unlawful discharge of a worker but also any discriminatory action against them on the basis of their age.
Examples of how illegal ageism can manifest in the workplace include:
- Shortening a worker’s hours
- Unexplained paycheck discrepancies
- Denying company-wide benefits to one employee
- Layoffs and terminations
- Unreasonable job assignments
- Denying opportunities or promotions to a qualifying worker
- Harassment and derogatory remarks
Discrimination in the workplace can be subtle at times. Those who believe they may have been subjected to illegal discrimination are advised to discuss their situation with a workplace ageism lawyer in Charlottesville.
Complaints and Lawsuits
Before a worker facing age discrimination can file a lawsuit for damages, they must submit an administrative complaint to the Equal Employment Opportunity Commission, or EEOC. It is also worth noting that an employee who files with one agency may ask them to cross-file the claim with another agency. When the employer has less than 20 employees, the complaint should be filed with the state agency only.
If the EEOC’s decision is unfavorable, or if 60 days pass without a decision on an age discrimination complaint, then a Charlottesville lawyer could subsequently file a lawsuit seeking appropriate remedies. The employee may be entitled to unpaid wages, reinstatement, or other forms of legal relief.
Talk to a Charlottesville Age Discrimination Attorney Today
Those who take legal action against age discrimination in the workplace can help improve their own situation as well as the work environment for other employees. Talk to a Charlottesville age discrimination lawyer from the Spiggle Law Firm if you are facing adverse treatment at work. For a free consultation to learn more about your options, call now.