Richmond Age Discrimination Lawyer
Business owners often favor young employees, but discriminating against older workers is illegal. The Age Discrimination in Employment Act (ADEA) protects workers ages 40 and over from age discrimination during the hiring and training processes and for the duration of their employment. The Older Workers’ Benefit Protection Act also prohibits employers from denying older workers company-wide benefits and retirement.
If you were subjected to adverse treatment at your job or during the hiring process on the basis of your age, you may be able to file a claim for compensation with the help of a steadfast workplace discrimination attorney from the Spiggle Law Firm. Legal advice from a dedicated Richmond age discrimination lawyer could make a substantial difference in your pursuit for monetary damages.
Prohibited Discriminatory Behaviors
The ADEA creates liability for those who participate in and permit age discrimination in the workplace. For example, employers may not place age limits in their job postings or advertisements or discriminate against individuals over the age of 40 at any time during the application, interview, hiring, promotion, or termination processes.
Additionally, Richmond business owners may not reduce health or life insurance benefits for their older workers or retaliate against those who file complaints of age discrimination. Employers are also prohibited from assigning jobs and tasks to workers based on age and may not force or encourage older employees to retire early. If your boss engaged in any of these behaviors, they may be in violation of the ADEA.
Unlawful Employer Retaliation
An employee who believes they have been discriminated against on the basis of their age has the right to file a complaint with their company’s human resources department. Federal workers may file formal complaints with the Equal Employment Opportunity Commission (EEOC) after facing age discrimination. You also have a right to continue working your job during the investigation process without fear of retaliation or additional discrimination.
Unfortunately, many business owners retaliate against older employees for filing age discrimination complaints. Employers may punish vocal workers by:
- Reducing their benefits and salary
- Demoting them to lesser positions
- Encouraging other employees to ostracize or ignore them
- Terminating them for illegal reasons
- Giving them negative performance evaluations
Some behaviors can be difficult to identify as unlawful retaliation without guidance from a well-versed age discrimination lawyer in Richmond. Pursuing litigation against your boss could offer you a chance to be compensated for your losses.
Waiving ADEA Rights
The ADEA allows workers to waive their rights in exchange for a severance package or other consideration. However, the ADEA also requires employers to take certain measures before allowing an employee to waive their rights. The waiver must be clearly understandable, and a worker must have at least 21 days to consider an agreement. If an employee chooses to revoke the agreement, they have seven days to do so. The waiver must also use specific language referring to the ADEA rights of a worker before waiving them.
Discuss Your Case with a Richmond Age Discrimination Attorney Today
If you faced adverse effects at work because of your age, you should retain a knowledgeable Richmond age discrimination lawyer who can help you stand up for your rights in court. As an employee, you have ADEA rights which must be respected by your employer. If you believe your boss has violated your rights, you may be able to file a claim for compensation. Discuss your case with local legal counsel by calling our team today.