Montgomery County Age Discrimination Lawyer

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Finding a new job after reaching a certain age can be challenging. Employers often view older workers as too expensive, too hard to train, or simply stuck in their ways. If you are over the age of 40 and being passed over for new job opportunities, contact one of our dedicated employment attorneys today. You may be the victim of federally prohibited age discrimination.

Our Montgomery County age discrimination lawyers at the Spiggle Law Firm can work with you to review your case and evaluate whether you have a well-founded claim. We work with people engaged in a wide variety of industries who believe they are being discriminated against because of their age.

Types of Age Discrimination

Age discrimination includes unfair treatment associated with an employee or prospective employee’s age. This type of discrimination may consist of business practices such as:

  • Forcing employees to retire at a certain age
  • Downsizing a company or department using age as the determining factor
  • Favoring younger workers
  • Retaliating against older workers
  • Indicating an age preference in a job advertisement
  • Excluding older employees from training programs

Successfully proving that age discrimination occurred involves being able to establish that age was the driving factor in an employer’s decision that adversely impacted the employee. However, if an employer can show that one employee was favored over another because of their skills and abilities, it may become more difficult to substantiate an age discrimination claim. Speak with a Montgomery County age discrimination lawyer for more information.

Discriminatory Business Practices

Since older job applicants may have many more years of experience than younger employees, the salary expectation may be higher. In addition, health benefits may be more expensive to maintain for older employees. If an employer does not hire you in favor of younger less expensive workers solely based on age, they may demonstrate discriminatory hiring practices.

Federal Laws

Discrimination on the basis of age is prohibited by the Age Discrimination in Employment Act (ADEA). Montgomery County employers are bound by the terms of the ADEA with limited exceptions. The main exception to the application of the ADEA is that employers with fewer than 20 employees may not be covered under the ADEA.

Federal age discrimination laws may not apply to employees in every age range and may only apply to employees who are older than 40 years old. Consequently, employees younger than 40 may not have grounds to bring a claim for age discrimination.

State Laws in Montgomery County

In addition to federal age discrimination laws, Maryland state law also applies in Montgomery County. However, there are a few notable exceptions between the coverage under the state versus federal law addressing age discrimination.

Unlike the ADEA which strictly applies to persons over 40 years of age, Maryland State Government Code, §20-606 does not impose an age threshold as a barrier to eligibility to file an age discrimination claim.

State law also applies more broadly to employers than federal law. Under Maryland state law, employers with more than 15, as opposed to 20 employees, may be held liable for age discrimination. Assuming all other requirements are met, any person regardless of their age may be able to file an age discrimination claim under Montgomery County state law. If you have been discriminated against on the basis of your age, reach out to a Montgomery County age discrimination lawyer today.

Contact a Montgomery County Age Discrimination Attorney

Age is a protected characteristic under anti-discrimination laws. Therefore, age discrimination is unlawful in all aspects of employment including recruiting, hiring, firing, promotions, and pay. We want to see employees thrive regardless of their age. Our Montgomery County age discrimination lawyers pride ourselves in offering legal services that are specifically tailored to your needs. If you would like your case reviewed by our attorneys, use our free Case Assessment Calculator to know what your case might be worth.