Many older workers worry they could be fired, demoted, denied benefits, passed over for workplace opportunities or otherwise mistreated simply because of their age – and this sort of age discrimination is becoming more and more common as workers retire later in life.
At Carter Law Firm, we’re sensitive to workers who feel they may be discriminated against because of their age.
We can answer your age discrimination questions, help you understand your options, and if your rights have been violated, assist you in finding a solution.
What is Age Discrimination?
As the U.S. Equal Employment Opportunity Commission, age discrimination is defined as the act of treating an employee less favorably than other employees because of the employee’s age.
Age discrimination is prohibited by both federal and Missouri law. Both laws protect workers over age 40, and Missouri protects workers between 40 and 70 years old.
Types of Age Discrimination?
Overt discrimination often means being unfairly fired, refused a promotion, denied benefits, paid less or harassed because of your age.
More subtle forms of discrimination may include isolating older workers when a company’s culture seems to only value younger employees.
Additionally, your employer can’t force you to retire / choose you for layoffs simply because you’re older than most of its workforce or harass you by constantly suggesting you retire or asking when you’ll retire.
How to Prove Discrimination
Proving age discrimination — as is the case with many discrimination cases — isn’t easy. It often requires looking at the totality of a worker’s circumstances.
Companies rarely state that an employment decision is based on someone’s age; employers are usually smarter than that.
However, if an employer seems to be disproportionately picking on older workers or the company’s decision-makers are known to make derogatory remarks about age, you may be able to prove that an employees age has illegally been considered in an employment decision.
Carter Law Firm Can Help Fight Against Age Discrimination
Victims of age discrimination have a right to full and fair remedies. These cases are difficult to prove, and the law favors employers. However, if it can be shown your employer discriminated against you, available remedies include:
- Job Reinstatement
- Compensation for past and future lost wages and benefits
- Reinstatement of lost pension or retirement benefits
- Compensation for the emotional distress you’ve suffered
- Potentially punitive or liquidated damages
- Compensation for out-of-pocket expenses, additional training, and other remedies depending upon the specifics of your case