The right to work for fair wages is a cornerstone of America’s economic system. Yet far too often, companies deny people this basic right by discriminating against workers. One common way they do this is by firing, laying off, or otherwise discriminating against people because of their age.
Both United States federal and Virginia state law prohibit employers from taking adverse actions against workers because of their age. The size of the company determines which laws apply to the situation. Depending on which laws apply, you may have different paths to demand a remedy.
If you experience unfair or illegal treatment in the workplace because of your age, a Virginia age discrimination lawyer from the Spiggle Law Firm could examine the reasons for your firing, determine if those reasons violate the law, and pursue appropriate damages on your behalf.
The main source of most worker protections is the federal government. The federal Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against workers who are over the age of 40. However, this law only applies to companies who have 20 or more employees.
The law prohibits employers from taking any adverse action against employees or prospective employees due to their age. This can include but is not limited to:
If you believe you suffered from illegal discrimination, you have the option to file a complaint with the Equal Employment Opportunity Commission (EEOC). The commission can investigate all allegations of illegal employment practices, including those of age discrimination. Indeed, anyone who wishes to pursue a lawsuit in federal court must first allow the EEOC to conduct their investigation. Only after the EEOC declines to take action can you file a complaint in a U.S. District Court.
The Spiggle Law Firm (TSLF) represents clients across five states and covers a variety of employment law practice areas. Since opening its doors in 2009, TSLF has negotiated millions in wrongful employment settlements and become a trusted and respected advocate for those facing discrimination, retaliation, and harassment in the workplace.
The state of Virginia provides additional protections against age discrimination. While federal laws apply only to companies with more than 20 workers, Virginia state laws expand protections to workers at companies with between six and 19 employees.
Virginia Human Rights Act §2.2-3903 states that no employer can discharge an employee based on their age if the employee is at least 40 years of age. It is important to remember that this applies only to situations involving termination of employment and for companies with between six and 19 workers.
This law specifically creates a cause of action for you to take your case directly to Virginia’s courts by filing a complaint within 300 days of the discharge. You also have the option to file a formal complaint with the Virginia Division of Human Rights. Much like the EEOC, this department has the authority to investigate and punish employers who violate the law.
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No one should face any adverse effects at work because of their age. Depending on the size of the company, employees may be able to file a complaint with the state of Virginia, the federal government, or nobody at all. In light of this, it may be vital for you to understand your rights and potential legal remedies for discriminatory practices.
A Virginia age discrimination lawyer could work to investigate incidents of discrimination, file complaints with the appropriate agencies, and even pursue cases in Virginia courthouses. There is a strict time limit no matter which path you choose, click here for a free online case review from an experienced attorney at the Spiggle Law Firm today.