Age discrimination in the workplace is against the law, but it is also very common. Additionally, employers often retaliate against employees who complain about or oppose age discrimination in the workplace. The law also protects employees who complain about age discrimination of other employees in the workplace. Contact a Dallas employment lawyer today if you are the victim of age discrimination or workplace retaliation.
Unfortunately, some employers view older employees as being slow and forgetful and do not see the value and experience older workers bring to the workplace. Because of this, some employers routinely target and terminate older workers in a thinly veiled attempt to discriminate against them because of their age. Many employers will use this as a way to push older employees out of the workforce. However, both state and federal law prohibit age discrimination in the workplace. If you suffer from employment discrimination in the workplace, contact our Texas employment attorneys today.
Although Texas follows the at-will employment doctrine, both state and federal law prohibit an employer from discriminating against employees because of age. The at-will doctrine in Texas allows an employer to discipline and/or terminate an employee for almost any reason. In fact, the at-will doctrine does not require an employer to give the employee a reason for the termination. This means that an employee may not even be told why he or she was terminated. However, the law limits an employer’s ability to discriminate against employees because of age or retaliate against an employee who opposes age discrimination in the workplace.
Proving Age Discrimination in the WorkplaceIt can sometimes be difficult to identify or prove age discrimination in the workplace. The best way to prove age discrimination is to look for patterns where younger employees are treated more favorably than older workers. For example, younger employees are provided training and development opportunities that are not offered to older employees. Another example is when employers target and discipline older workers differently than younger employees. Contact our Texas employment law firm if you are the victim of age discrimination in the workplace.
State and federal law only prohibits age discrimination against employees who are forty years of age or older. If you are forty years or older and have been discriminated against because of your age, contact our employment law firm today.
Additionally, the Older Workers Benefit Protection Act of 1990 (“OWBPA”) also provides some protection for older workers. For example, the OWBPA requires employers to take certain steps when asking employees to release age discrimination claims. The most common scenario affected by the OWBPA is when an employer lays off employees as part of a reduction in force. If an employer fails to provide the required information, the employee may have the ability to keep the severance amount and bring a claim against the employer for age discrimination.
Minimum Number of Employees to Prohibit Age DiscriminationThe Age Discrimination in Employment Act (“ADEA”) and the Texas Labor Code prohibit employers with twenty or more employees from discriminating against employees because of age. Sadly, an employer with less than twenty employees under the ADEA or an employer with less than 15 employees under the Texas Labor Code is not restricted from discriminating against employee based on age. However, the term “employee” is broadly defined and includes part-time employees and independent contractors. Contact our employment firm today if you have been discriminated against because of your age.
Contact a Texas Employment Attorney TodayIf you are the victim of age discrimination in the workplace, contact a Texas employment lawyer immediately. Employees often have short time periods to bring claims, so it is important to contact us today.