Age Discrimination

Age Discrimination is Real

Employers who engage in age discrimination, or take adverse actions against employees who are 40 years of age or older, can face significant penalties under both Massachusetts and federal laws.

Even with robust legal protections in place, age discrimination still occurs all too often across all types of businesses and industries. It’s unfair that a worker’s age can negatively factor into an employer’s decisions regarding their hiring, promotion, compensation and termination.

Age discrimination is considered a form of workplace discrimination, and it can occur in many ways including:

• Hiring process (such as not hiring a worker simply because he or she is over 40 unless there is a “bona fide occupational qualification” that mandates only selecting an applicant of a certain age)
• Promotions (refusing to offer older workers opportunities for personal career development, additional responsibilities or promotions)
• Demotion (demoting older workers to avoid paying them higher salaries or in an attempt to get them to quit or take early retirement)
• Layoffs (laying off only older workers because they command higher salaries or their benefits may be more expensive)
• Firing (using pre-textual, non-performance-related reasons to fire older workers simply because of their age)
• Creating a hostile work environment (telling age-related jokes or making comments about aging or age that make older workers uncomfortable and feel isolated)

Age Discrimination is Against the Law

Age discrimination is a violation of both Massachusetts and federal laws. The Age Discrimination in Employment Act (ADEA) is a federal law that forbids an employer with more than 20 employees from discriminating against applicants or workers age 40 or above.

Massachusetts law also prohibits employment-related age discrimination against workers who are 40 years of age or older. But Massachusetts has even stricter laws protecting older workers. Massachusetts law covers workplaces of six workers or more, making it more inclusive than the ADEA which applies to workplaces of 20 or more employees.

Under both Massachusetts and federal law, an employer cannot take adverse action against employees who are 40 years old or older. This includes termination, refusal to hire, demotion, and denial of benefits.

Our Experienced Attorneys Can Help You Navigate the Challenges of an Age Discrimination Case

One of the most difficult areas of employment law is age discrimination because it’s not easy to prove that a worker’s termination was due to their age. If you’re fighting age discrimination, you need an attorney who is skilled and experienced in complex employment litigation. Our attorneys have successfully litigated age discrimination cases, and we can offer superior advocacy and an aggressive strategy tailored to your particular circumstances.

If you’ve lost a job, been denied advancement opportunities or not been hired solely because of your age, you have legal rights. And we’re here to help you fight to protect those rights. Contact us today for free, confidential consultation to go over the facts of your case.