The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals 40 years of age or older with regard to any aspect of employment such as hiring, firing, pay, job assignments, promotions, layoffs, training, benefits and other terms and conditions of employment. The person inflicting age discrimination does not have to be under the age of 40. The ADEA applies to private employers with 20 or more employees, as well as state and local governments, the federal government, employment agencies and labor organizations.
Under the ADEA, employees must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory action. This is a strict deadline. You will lose some of the most important federal claims available to you if you do not file a charge with the EEOC. If you have already missed the deadline, it is still important to reach out to an attorney to discuss your options.
Harassment of covered individuals is illegal when such behavior is frequent or severe (creating a hostile work environment) or it results in an adverse employment decision such as a firing or demotion. The harasser can be any supervisor, co-worker or even a non-employee, including clients, contractors or customers.
It is also unlawful to retaliate against an individual for opposing age discrimination or for filing an age discrimination charge, testifying or engaging in any investigation, proceeding or litigation with regard to age discrimination under the ADEA.
If you have been subjected to discrimination because of your age, contact Rich Daugherty. He is experienced in representing clients who have been victims of this discrimination in the workplace and will fight to protect your rights.
You can arrange for an initial phone conference with Rich at no charge. He represents clients throughout North Carolina and is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.