Leesburg Age Discrimination Lawyer
When you are not treated fairly at work or denied new opportunities because of your age, it can be incredibly frustrating. However, there are state and federal laws in place to protect older employees from workplace discrimination.
If you are dealing with age discrimination at work, one of our Leesburg age discrimination lawyers may be able to help you. The skilled discrimination attorneys at the Spiggle Law Firm have been representing victims of age discrimination for several years and can use their experience to help you.
Federal Age Discrimination Law
Age is one of the characteristics that is protected under federal anti-discrimination statutes. The Age Discrimination in Employment Act (ADEA) specifically prohibits age discrimination. However, the protections of the ADEA do not extend to all employees.
The age of an employee and the size of the employer will usually determine whether the ADEA is applicable. Employees and job applicants who are over the age of 40 are afforded the protections of the ADEA, provided that the employer has at least 20 employees. If either one of these criteria is not satisfied, the ADEA will generally not apply.
State Age Laws for Employees in Leesburg
In addition to the ADEA, the Virginia Human Rights Act (VHRA) applies to Leesburg employees. The VHRA also safeguards employees over the age of 40 from age discrimination at work. The main difference between the ADEA and the VHRA is that the VHRA applies to employers with between six and 19 employees.
As a result, employees who do not have a claim under the ADEA because their employer is too small may have a claim under the VHRA. A Leesburg age discrimination attorney can help evaluate the specific circumstances to determine which law may apply.
Age discrimination can occur in many different forms as well as during the different stages of employment. Both federal and state law prohibits age discrimination in relation to hiring practices, promotions, termination, compensation, benefits, and job duties.
Declining to extend a job offer to a qualified employee solely on the basis of their age or imposing age limits for training programs are examples of discriminatory behavior. Job advertisements specifying an age preference or asking a prospective employee how old they are may also violate discrimination laws.
Further, if you file a claim alleging age discrimination, employers are prohibited from retaliating against you. Retaliatory conduct may include termination, harassment, or demotion.
How to File an Age Discrimination Claim
Depending on whether you are pursuing an age discrimination claim under federal or state law, you have options. You can file claims with either the Equal Opportunity Employment Commission (EEOC) or the Virginia Division of Human Rights (DHR), accordingly.
Generally, claims should be filed with the EEOC within 180 days of the alleged incident of age discrimination or with the DHR within 300 days of the alleged incident. If you were terminated as the result of discrimination, you are permitted to pursue the matter in court according to the Virginia Human Rights Act § 2.2-3900. A Leesburg age discrimination lawyer could help you file a claim and protect your rights.
Work with a Knowledgeable Leesburg Age Discrimination Attorney
If you would like to know more about age discrimination or are unsure about whether you have a valid claim, contact one of our Leesburg age discrimination lawyers. Our team at the Spiggle Law Firm has a comprehensive understanding about this area of the law and can provide you with valuable insight. Speak to our qualified attorneys to learn more. Click here for a no-cost consultation.