Age Discrimination is Alive and Well

Don’t be fooled by the news on low unemployment rates or the so-called “labor” shortage. As headlined by Probublica in its recent article “If You’re Over 50, Chances Are the Decision to Leave a Job Won’t be Yours,” new data analysis shows that more than half of older U.S. workers are pushed out of longtime jobs before they choose to retire, suffering financial damage that is often irreversible.

Age-discrimination law was only a minor part of the article, but it importantly and concisely noted that:

• For 50 years, it has been illegal under the federal Age Discrimination in Employment Act, or ADEA, for employers to treat older workers differently than younger ones with only a few exceptions, such as when a job requires great stamina or quick reflexes;
• For decades, judges and policymakers treated the age law’s provisions as part and parcel of the nation’s fundamental civil rights guarantee against discrimination on the basis of race, sex, ethnic origin and other categories; and
• In recent years, employers’ pleas for greater freedom to remake their workforces to meet global competition have won an increasingly sympathetic hearing. Federal appeals courts and the U.S. Supreme Court have reacted by widening the reach of the ADEA’s exceptions and restricting the law’s protections.

The law does not make it easy to prove age discrimination, but it is not impossible. The key is developing the evidence early-on through a well-thought-out strategy and not backing down because or employer tactics of stonewalling and deceit.

The lawyers at Lebau & Neuworth fight for the rights of all workers, including those who have been discriminated against because of their age. If you feel you have suffered from age discrimination in the workplace, we welcome your inquiries at (410) 296-3030 or lebauneuworth.com/contact-us.