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Age Discrimination

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What constitutes age discrimination in the workplace?

image of older woman in the workplace

Under the federal Age Discrimination Employment Act of 1967 (“ADEA”), it is illegal for an employer with at least 20 employees to discriminate against any employee aged 40 or above on the basis of age. This demographic may experience more difficulties obtaining fairly earned promotions at work, being removed from leadership positions in order to advance a younger employee’s career, in the hiring process itself, and/or finding new employment after a layoff due to their age. The ADEA also makes it unlawful to deny an older employee benefits or force them to retire early.

There are also applicable state-specific laws prohibiting age discrimination in the workplace that employers must follow. Siri & Glimstad’s attorneys are experienced at dealing with age discrimination claims in the workplace. If you believe you are the victim of age discrimination, we can potentially assist you in a number of different ways, including:

  • attempting to negotiate a severance
  • filing a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC)
  • seeking a settlement through mediation, and/or
  • filing a lawsuit on your behalf

EEOC Process

In order to file a lawsuit for age-based discrimination, an employee must first go through the EEOC process and receive what is called a “Right to Sue” letter. We assist employees through this process. In some instances, we may pursue litigation in federal court after obtaining the Right to Sue letter.

If you wish to pursue your claims under ADEA, we urge you to not delay in reaching out to an attorney because strict time limits apply. Once your claim is barred based upon expired time limits, you will never be able to pursue any action to recover damages or other relief.

At Siri & Glimstad, there is never any cost upfront to you for our representation. We get paid only if we win for you.

Your Employment Law Team

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Aaron Siri
Managing Partner
Location: New York
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Allison R. Lucas
Location: Detroit
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Walker Moller
Location: Austin, TX and Jackson, MS
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Jack Spitz
Location: New Jersey
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Jennifer Malainy
Chief Legal Marketing Officer
Location: New York
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Gina Mannella
Location: Chicago