Atlanta Age Discrimination Attorney
Age discrimination happens when an employer decides to not hire an applicant because of their age, refuses to promote an employee because they are believed to be too old for the position, or makes any other negative employment action based on the applicant or employee’s age if they are over 40 years old. It can be very difficult to prove age discrimination for victimized employees. On the flip side, an age discrimination claim can spell disaster for an employer if it is not handled appropriately. Here at The Forsythe Law Firm, LLC, Atlanta age discrimination attorney Christine Forsythe takes on cases for either party: the employee as well as the employer. No matter if you are a wronged employee or a wrongly accused employer, we are prepared to do what is necessary to win your case.
Under the Equal Employment Opportunity Commission (EEOC), it is unlawful to make any negative employment decision based on the applicant or employee’s age if they are over 40 years old. As such, age discrimination laws do not protect those under 40. Examples of age-based employment decisions that can constitute discrimination include the following:
- Pay raises
- Being passed up for the most desirable projects
- Being moved to a less desirable department
- Being encouraged or forced into retirement
- Harassment or hostile work environment
- Retaliation for filing a discrimination claim
If an Employee is Capable of Performing the Job, their Age Should Not be a Factor
There are some jobs that older employees generally cannot do. For example, it might be unreasonable for a 75-year-old to perform the job of being a landscaper. Refusing to hire an applicant because they cannot handle the physical nature of the job is not a form of age discrimination. However, when it comes to hiring, termination, and other employment actions, only the employee’s ability should be taken into account. If an applicant is 75 and can perform the job duties required, an employer cannot take their age into account during the hiring process. Doing so would be unlawful.
Proving Age Discrimination
While proving age discrimination can be challenging, there are a few key elements that can either make or break an age discrimination claim. These include:
- A history of an employer only hiring young employees
- There is a pattern of only terminating older employees
- The employee’s position was “terminated” according to the employer, yet a significantly younger employee ended up taking over the job
- Written or verbal proof that you were terminated due to age
- The employee can prove that they were satisfying the demands of their job at the time of the adverse employment decision
- Proving the existence of a hostile work environment
Contact an Atlanta Age Discrimination Attorney Today
Age discrimination is a serious problem in our world. While unchallenged ageism exists in many aspects of society, it is unlawful in the workplace. If you, as an employer, have been accused of age discrimination, The Forsythe Law Firm, LLC can help. On the other side, we also take on large and small employers for our employee clients who have been fired, laid off, or demoted simply because of their age. Call 404.476.2717 today to schedule a consultation with Atlanta age discrimination attorney Christine Forsythe.