Texas Age Discrimination Attorneys
If you have been a victim of age discrimination, contact Leichter Law Firm PC for legal assistance. While age discrimination in the workplace is against the law, it is unfortunately common. Some employers mistakenly believe that older workers are ineffective and do not bring anything to the table. Other companies neglect to see the value and experience that older and more experienced workers can bring to an organization. Workers over the age of 40 may face harassment or get pushed out of the workforce because an employer wants to save money hiring younger and less experienced employees.
Although the state of Texas has an at-will employment doctrine, both state and federal law in the U.S. prevents employers from discriminating against workers because of their age. In some cases, the employee is not only fighting age discrimination, but the possibility of retaliation on the part of the employer once a formal complaint is filed.
At Leichter Law Firm PC, our Texas age discrimination lawyers are passionate about defending the rights of victims of discrimination and ensuring they receive justice. If you have suffered from age discrimination, you may be entitled to back wages and other damages if the violation appears to be willful. Contact Leichter Law Firm PC at (956) 205-0884 to discuss your legal options during a free consultation.
How an Age Discrimination Lawyer Can Help
Some companies may retaliate against you if you decide to file a complaint with Human Resources or a government agency. In this case, an experienced age discrimination lawyer can help navigate complex state and federal laws and collect evidence to prove your discrimination claim, negotiate a settlement, or diligently represent you at trial if a settlement cannot be reached.
As with all discrimination claims, meeting paperwork filing deadlines is critical. An employment litigation attorney can help file discrimination charge with the EEOC or the Fair Employment Protection Agency (FEPA). You have 180 days to report discrimination and file an age discrimination lawsuit.
Why Choose Us
The experienced trial lawyers at Leichter Law Firm PC are dedicated to protecting the rights of employees in the workplace. If you have been wrongly fired from a position, we will investigate the circumstances of your termination. If you believe you have been denied employment, advancement, or wages due to your age, we can negotiate a settlement with your employer, so you can receive appropriate compensation and damages for back wages or lost income that you have missed.
Our law firm consists of highly skilled and accomplished employment discrimination attorneys who are dedicated to aggressively fighting for your rights. When we represent you, you will receive the personalized attention of a Board-Certified Labor and Employment Law Specialist to help you with your case.
Our office is based in Austin, Texas, with satellite offices in Houston and McAllen. We use state of the art technology and our vast experience to represent employees that have been discriminated against throughout the state of Texas. In addition to representing individual workers, we also represent large groups of employees in class and collective actions against corporations and companies across the United States.
Federal Laws Regarding Age Discrimination
The Age Discrimination in Employment Act of 1967, also known as ADEA, protects individuals who are 40 years of age or older from employment discrimination based on age. The law states that it is illegal to discriminate against a person because of their age under any condition of employment, which includes hiring, termination, promotions, layoff, compensation, benefits, job assignments, and training.
Texas Employment Laws
The at-will doctrine law in Texas allows an employer to discipline and/or fire an employee for almost any reason, and it does not require an employer to give the worker a reason for their termination. However, state and federal laws limit the company’s ability to discriminate against employees due to age, or to retaliate against a worker who files a complaint of age discrimination with human resources or a government agency.
Texas Labor Code
The Texas Labor Code prohibits companies with more than 20 employees from discriminating against employees due to age. The term employee refers to not only permanent full-time employees, but also part-time employees and independent contractors that work for the company.
Age Discrimination Cases We Handle
Our law firm handles a wide variety of age discrimination cases that are filed on the part of an individual or individuals that are involved in class action lawsuits. Some ways that age discrimination is used to deny an individual employment, or treat them in a discriminatory manner while they are employed include:
- Job Advertisements
- Recruitment Process
- Applicant Screening and Process
- Job Interviews
- Job Assignments and Promotions
- Job Training
- Performance Evaluations
- Disciplinary Actions
- Termination and Layoffs
If you suspect your age was a factor in decisions involving any of these job aspects, contact Leichter Law Firm PC for assistance.
Compensation and Damages for Age Discrimination Cases
Compensation and damages that you can receive for an age discrimination case will vary, but you may be able to receive compensation for attorney and court fees, lost wages and benefits up to the time of settlement or trial, damages equal to the amount of any wages that were lost, damages for pain and suffering, and punitive damages. It is also possible that you will be able to return to work if you were wrongfully terminated due to age discrimination.
Frequently Asked Questions about Age Discrimination
What should I do if my severance agreement contains a waiver of my rights?
The Texas Workforce Commission (TWC) states that “it is common for the employer to ask the employee to waive their rights” under Chapter 21 of the Texas Labor Code and the ADEA in connection with severance pay or other incentives. You should always have a severance agreement reviewed by an experienced lawyer before you sign it. Under the ADEA, a waiver needs to satisfy all of the following requirements in order to be valid: The agreement must be in writing and understandable, must specifically refer to ADEA rights or claims, cannot ask you to waive rights or claims that may arise in the future, must have something in exchange for valuable consideration in addition to anything of value to which you are already entitled, must advise you in writing to consult an attorney before signing the waiver, and must provide at least 21 days for you to consider the agreement and at least seven days to revoke the agreement after signing it.
What is the Older Workers Benefit Protection Act (OWBPA)?
After the United States Supreme Court held in Public Employees Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989) that the ADEA did not prohibit discrimination in employee benefits, OWBPA was a 1990 amendment to the ADEA. OWBPA sought to prohibit employers from using the ages of employees as the basis for requiring older workers to waive their rights without any safeguards, targeting older workers for staff-cutting programs, and discrimination in benefits. Certain benefit reductions can be justified through cost considerations, but OWBPA generally prohibits age discrimination in the calculation of such benefits as retirement benefits, health insurance, and life insurance. OWBPA also created restrictions relating to waivers of liability and agreements not to sue employers. Lesser benefits can be allowed for older workers when they are afforded other additional benefits in some cases.
What is a bona fide occupational qualification?
More commonly known as a BFOQ, a quality that an employer is allowed to consider even though doing so would ordinarily constitute discrimination is considered a bona fide occupational qualification. Age is one of the most common BFOQ defenses, which is allowed under federal law. Pilots and bus drivers represent Two of the most common examples of occupations with BFOQs, as both have mandatory retirement ages because of safety concerns. While Title 29 U.S. Code § 623(a) makes it unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual because of their age, limit, segregate, or classify employees based on age, or reduce wage rates based on age, Title 29 U.S. Code § 623(f) states that it is not unlawful for an employer to take an otherwise prohibited action when “age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.”
Age Discrimination Statistics
A study published in the Federal Reserve Bank of San Francisco (FRBSF) Economic Letter in 2017 covered over 40,000 job applicants for more than 13,000 job positions in 12 cities in 11 states and found that the share of seniors age 65 and older in the United States working-age population was projected to rise from about 19 percent to 29 percent by 2060. The study found that the callback rate was higher for younger applicants and lower for older applicants across all sets of job applications.
According to AARP, 1 in 5 workers in the United States is 55 years of age or older. AARP reported that 58 percent of adults believe discrimination begins among workers in their 50s, and 64 percent of workers said they have seen or experienced discrimination in the workplace.
According to the United States Equal Employment Opportunity Commission (EEOC), there were 18,376 receipts for ADEA charges in the fiscal year 2017. This was the lowest total since the fiscal year 2006. There were 22,430 resolutions to ADEA charges, 1,288 settlements, and 1,181 withdrawals with benefits, according to the EEOC. Monetary benefits totaled $90.1 million for ADEA cases.
Contact our Age Discrimination Attorneys Today
The employment discrimination attorneys at Leichter Law Firm PC have decades of experience representing individuals in the state of Texas as well as across the United States in age discrimination cases. We are committed and dedicated to protecting the rights of employees in all industries. Our experienced and dedicated lawyers will help you fight back against any discrimination and mistreatment in the workplace.
If you believe an employer has violated your rights due to age discrimination, our attorneys can assist you with possible remedies for your case. Our firm has represented employees in every type of claim and lawsuit. Contact us at (956) 205-0884 or fill out our contact form online for a free consultation today.