Tysons Corner Age Discrimination Lawyer
Discrimination based on age is unlawful under state and federal law. Unfortunately, many older employees are still passed over for new job opportunities or promotions in favor of their younger counterparts.
Whether or not it is true, employers stereotypically believe that younger employees will work longer hours for less money than a more experienced worker. Our Tysons Corner age discrimination lawyers believe in fighting for your rights because your experience and accumulated knowledge should be an asset and not an obstacle at work. Contact a seasoned attorney today to begin discussing your case with a well-trained legal professional.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) is the primary authority for age-based workplace discrimination claims under federal law. The ADEA only applies to current or prospective employees who are over the age of 40. Employees who are younger than 40 may not be protected from age discrimination. Pursuant to the ADEA, age discrimination is prohibited in relation to:
- Terms and conditions of employment
The Equal Opportunity Employment Commission (EEOC) enforces the ADEA and other federal anti-discrimination statutes against employers who have at least 20 employees.
Virginia Human Rights Act
There are additional protections from age discrimination under Virginia state law. Similar to the ADEA, the Virginia Human Rights Act (VHRA) prohibits discrimination on the basis of age. This act applies to any employer with between six and 14 employees. Consequently, smaller employers who cannot be held liable for age discrimination under the ADEA may be subject to liability under the VHRA.
Recognizing Age Discrimination
Discriminatory hiring and business practices are not always immediately apparent. Subtleties contained in job advertisements or employment policies can constitute age discrimination. For example, asking a job applicant to reveal their age or specifying a desired age in hiring materials may be discriminatory.
Establishing age limits for training courses or setting forth limits on the number of years of experience that will be considered for a position are also examples of policies that may violate age discrimination laws. In general, any employment practices that have a disproportionately negative impact on older workers may violate age discrimination laws.
To prove age discrimination occurred, you not only have to be able to demonstrate you were denied an opportunity because of your age but that you were qualified for the job and were passed over in favor of a much younger employee. Difficulties may arise in proving age discrimination when an employer is able to counter a claim by providing an independent basis for their hiring or employment decision aside from age.
Filing a Claim in Tysons Corner
Age discrimination claims are typically filed with the EEOC, however, if an age discrimination falls under the jurisdiction of the VHRA, the claim may be filed with the Virginia Division of Human Rights instead. It is unlawful for employers to retaliate against employees who are exercising their right to file a discrimination claim. A knowledgeable Tysons Corner age discrimination attorney can help you navigate the claims process.
Talk to a Tysons Corner Age Discrimination Attorney Today
Your age should not prevent you from furthering your career. If you believe you are being treated unfairly at work or being denied jobs because of your age, talk with an attorney about filing a potential age discrimination claim. Our lawyers serve individuals who have suffered workplace discrimination in Tysons Corner and surrounding areas.
To learn more about the options you may have, we offer a free case review. A Tysons Corner age discrimination lawyer at the Spiggle Law Firm can thoroughly examine your case to help you determine whether you may have a viable claim. If you want to know how much your case might be worth, click here for our Case Assessment Calculator.