As a person ages, he or she gains experience, knowledge and maturity, which generally makes him or her a more skilled employee. Unfortunately, some employers fail to recognize the value in these important qualities and may discriminate against workers on the basis of age.
Founded almost 25 years ago, Schneider Wallace Cottrell Konecky LLP is a well respected employment law firm that effectively handles workplace discrimination claims. Often, discrimination is not a one-off, but rather is systemic; throughout an entire company or division. Our attorneys determine whether a class action is appropriate or if pursuing an individual claim is in our client’s best interests. In all cases, we strive for perfection in our investigation and preparation. Our goal is to make our clients whole.
What is Age Discrimination?
The Age Discrimination in Employment Act (ADEA) was passed in 1967 to protect the rights of older workers. The legislation makes discrimination against a person who is 40 years or older unlawful. The law does not protect workers who are younger than 40.
An employer is not permitted to make adverse employment decisions based upon a person’s age of 40 or older. Potentially discriminatory acts may involve an illegal recruitment process, refusal to hire, decision not to promote, limitations on benefits, lower pay, undesirable shifts, fewer training opportunities or termination of a worker at a certain age.
Disparate Impact of Company Policies
Company policies that directly discriminate on the basis of age are clearly discriminatory. Policies that on their face apply to everyone may nonetheless be discriminatory if they result in an inequitable outcome. The employee bears the burden of identifying the discriminatory policy and proving its disparate impact.
For example, a policy that requires workers meet exceptional physical fitness levels might apply to all workers, but affect older workers substantially more. Unless the employer shows that such a policy stems from a bona fide occupational qualification, the policy would be deemed discrimination.
Find Out More About Age Discrimination and Rights to Work
Schedule a case evaluation with Schneider Wallace to discuss a claim involving age discrimination in the workplace. Our attorneys are licensed to practice law in Arizona, California and Texas and have offices conveniently located in Scottsdale, San Francisco and Houston. We are highly experienced in bringing claims before the EEOC and state agencies and in litigating claims in the federal and state courts.