Charleston, WV Age Discrimination Attorney
You work hard. You play by the rules at your workplace. You put your best foot forward every day, but when it comes time for a promotion that you so rightly deserve, your boss decides to give it to the younger worker who’s been with the company half as long as you have.
Age discrimination is more common in the workplace than you might think, and it isn’t only senior citizens. Men and women in their 40s may experience ageism because their employers might already see them as retirees or as people with more needs that will require paid time off. Rather than give the promotion to someone who deserves it, employers try to plant new, inexperienced workers into management positions because they’re perceived as being easier to control and less likely to disagree with upper management
Employers of West Virginia must adhere to the state and federal employment laws that strictly prohibit discrimination, including ageism. If you have an employment discrimination case and would like to speak with a Charleston, WV age discrimination attorney, then contact the Love Law Firm. With decades of litigation experience, Charles “Chad” M. Love, IV is ready to take on your case.
Don’t let this injustice stand. Contact the Love Law Firm and get started on your age discrimination lawsuit.
The Age Discrimination Act of 1967 and 1975
You may not know it, but no company in West Virginia can discriminate against a person based solely on his or her age. This federal law is outlined in the Age Discrimination Act of 1975 and applied to all people of all ages. Additionally, the Civil Rights Center further enforces it.
In 1967, the first age discrimination act was passed. It protected all employees and applicants 40 and older from any type of age discrimination within the work place. This includes workplace processes much as hiring, promotions, discharge, compensation, and terms, conditions, or privileges of employment. This part of the age discrimination act is enforced by the Equal Employment Opportunity Commission.
In 1975, lawmakers revisited employee rights. According to this newer law, all programs and activities that involve receiving federal financial assistance cannot discriminate against an employee or candidate based on his or her age. This law included people of all ages.
Important principles relating to the Age Discriminations Act include:
1. It is considered “generally unlawful” for employment advertisements or notices to include any type of age preference, specification, or limitation.
2. Any employment notices that specifically call for applicants who are “age 25-35” or “recent college graduates” expressly violate the terms of the act.
3. Employees can only discriminate against certain ages when they first prove that the work need to be successful in the position falls into a Bona Fide Occupational Qualification. For example, a construction company may chose to hire a 25-year-old person over a 60-year-old person because the work requires a lot of heavy lifting for long hours at a time.
4. The phrases “over age 50” and “retirees” are both legally accepted in employment advertisements.
5. No agency or employer may harass a person 40 years or older based on their age. While one offhanded comment will usually not result in a lawsuit, ongoing abuse and harassment that leads to a hostile work environment which escalates in the victim in question being fired or demoted will not be tolerated. Supervisors, employees, and even contractors can be reprimanded for ageism.
6. No agency or employer may retaliate against an employee once charges have been filed, or the investigation has been opened.
An important branch of the U.S. Department of Labor, the Civil Rights Center handles all investigations dealing with age discrimination in the workplace. It is vital that you contact them within 45 days of the alleged abuse or discrimination to ensure that your right to file is protected.
Discrimination and harassment in the workplace can be devastating to a hard working employee. If you choose to file claim for lost wages, pain and suffering, or other charges, then contact the Love Law Firm. We’re here to help.
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