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 individual inflicting age discrimination does not have to be under the age of 40. The ADEA applies to private sector employers with 20 or more employees, in addition to other specified entities.
Examples of Potential Age Discrimination:
- Failure to hire in order to seek significantly younger candidates
- Failure to promote - filling job with a younger outside candidate with less qualifications
- Firing mostly older employees during layoffs
- Firing older, more senior employees in favor of keeping younger lower paid employees
- Assigning older employees to less-desirable projects or work conditions
- Offering training opportunities automatically to significantly younger employees
- Overlooking challenging work assignments because of age
- Excluding an employee from meetings or activities due to age
- Derogatory remarks about age
- Passing over an employee for a raise, bonus or promotion due to age
- Requiring an employee to retire because of age
- · Making disparaging remarks about age
- · Overt remarks to pressure an employee to retire to free up a job vacancy
Harassment of older employees is illegal when such behavior is frequent or severe enough to create a hostile work environment or when 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.
Under the ADEA, private sector employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.
If you’ve been subjected to age discrimination, contact Rich Daugherty. He will fight to protect your rights.
Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich. He will be by your side every step of the way to reach a fair resolution of your case. In addition to litigating cases, Rich has negotiated confidential severance agreements favorable to his clients.
Rich offers a one-on-one relationship with his clients. When you contact his office, you will speak directly with him.
You can arrange for an initial phone conference at no charge.
Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.