Job-related age discrimination remains a persistent problem in the United States. The AARP found that nearly 60 percent of older U.S. workers report that they have experienced or personally witnessed age discrimination in the workplace. Every employee should be assessed on their own skills and qualifications, not on preconceived stereotypes about their age.
At the Law Office of Jeffrey A. Goldberg, our Austin age discrimination lawyer is a skilled, solutions-focused advocate for employees and executives. If you or your loved one was a victim of age discrimination, we are here to help. For a strictly confidential, free case evaluation with an experienced, Board- Certified Labor and Employment discrimination attorney, please contact us today.
Employees Are Protected Against Age Discrimination Under State and Federal Law
Your age does not determine your ability to do your job. You should be evaluated on your individual merits—not on false notions of what you can and cannot do because of your age. State and federal labor regulations protect employees against age discrimination in the workplace. Employers that violate the law can be held accountable. Under the federal Age Discrimination in Employment Act (ADEA), companies and organizations with 20 or more total employees are prohibited from discriminating against workers who are age 40 or older. Texas Labor Code § 21.001 covers all employers with 15 or more employees.
Understanding Age Discrimination Claims
To bring an age discrimination lawsuit in Texas, an employee must prove that they were treated less favorably or treated differently because of their age. You were the victim of age discrimination in the workplace if you suffered an unfavorable employment action, such as a demotion, reduction in pay, or termination or were harassed because of your status as an older worker (40 years old or older). An employee may be able to pursue an age discrimination claim on any of the following grounds:
- Refusal to hire;
- Negative age-related comments;
- Suggestions or questions about when you might retire;
- Denial of a promotion;
- Less desirable work responsibilities;
- Loss of pay or benefits;
- Wrongful termination; or
- Workplace harassment (hostile work environment because of age).
As with any other employment law case, a successful age discrimination case must be supported by evidence. Causation is the key to many age discrimination claims. Unfortunately, employers may try to hide their discriminatory actions with pretextual (false) justifications, or simply reasons that make no sense. Any suspicions of age discrimination require an immediate investigation. Get in touch with a skilled Austin, Texas Board- Certified Labor and Employment attorney as soon as possible.
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Age Discrimination and Staff Reduction/Restructuring
For many years, older workers faced additional risk in staff reductions, layoffs, and corporate restructuring. Pushing a wide range of different justifications, many companies and organizations tried to use layoffs as an opportunity to get rid of older employees. Age discrimination in layoffs is not acceptable, and is illegal.
A key federal law called the Older Workers Benefit Protection Act (OWBPA) provides important legal protections to older workers. Employers covered by the OWBPA are prohibited from the targeting of older employees in layoffs or reductions in the workforce. Additionally, they must take certain steps to ensure that an older employee’s accumulated benefits are handled properly.
Choose a Board -Certified Labor and Employment Attorney, Jeffrey A. Goldberg
Age discrimination claims are notoriously complex. You need an experienced advocate on your side. As a Board- Certified Labor and Employment specialist by the Texas Board of Legal Specialization, attorney Jeffrey A. Goldberg has a proven record of success litigating a wide range of discrimination case, including age discrimination. We are ready to take immediate action to protect your rights. Among other things, our employment lawyer will:
- provide a free, confidential case evaluation to determine potential representation and timely respond to your inquiry;
- if the attorney is able to represent you, the firm will investigate the case—gathering evidence of age discrimination; and
- develop and communicate to you a legal strategy focused on getting the best outcome for you and your family.
Our entire practice is dedicated to serving employees and executives. We know that no two age discrimination cases are identical. A workplace dispute can be a life-changing event—and you deserve personal attention. Our Austin, Texas Board Certified Labor and Employment attorney will put in the time, energy, and resources needed to effectively advocate for your interests and get you results.
Contact Our Austin, Texas Age Discrimination Attorney Today
At the Law Office of Jeffrey A. Goldberg, our Texas employment lawyer has the skills, knowledge, and experience to handle the full range of age discrimination claims. If you or your family member was a victim of age discrimination in the workplace, we are more than ready to help. To schedule a fully confidential, no obligation free case evaluation, please contact us today. We represent employees and executives throughout the state of Texas, including Austin and throughout the surrounding communities in Travis County, Hays County, and Williamson County.