It’s long been established that 65 is the age of retirement, but many workers have opted to stay on the job beyond that cutoff. When you think of age discrimination, you might ascribe it to someone working in their 60s or later. However, according to many age protection laws, you can face age discrimination if you’re 40 or over.
All employees deserve to be treated fairly. However, the reality is that it just doesn’t happen. If you’ve been discriminated against and believe your age played a role in how you were treated, you may be able to file a claim with the help of a Charleston age discrimination lawyer.
At DiPiero Simmons McGinley & Bastress, PLLC, we believe employees who have been discriminated against deserve the opportunity to stand up for themselves and hold their negligent employer accountable for discriminatory actions.
If you believe you have a valid complaint, our attorneys can evaluate your situation and help you decide how best to proceed. In order to get an idea of whether or not you have a claim to move forward with, let’s start by taking a look at what age discrimination looks like in the workplace.
Does an Older Workforce Contribute to Age Discrimination?
The labor force is people ages 16 and older who are either actively looking for work or working. According to the U.S. Bureau of Labor Statistics, the number of older employees is rising and will continue to do so. They estimated that in 2024, 41 million of the 164 million people in the labor force were ages 55 and older. Of that group, approximately 13 million were expected to be ages 65 and older.
The increase in older workers is being fueled by the aging baby-boom generation. These are the individuals born between 1946 and 1964. In 2025, baby boomers will have reached 61 to 79. It’s expected that many will continue working even after they qualify for Social Security retirement benefits. This is because of the longer life expectancies, better education, and retirement plans.
Unfortunately, older employees are discriminated against every day at work. Age discrimination happens when an applicant or employee is treated less favorably because of their age.
The laws that forbid discrimination applies to any worker who is over the age of 40. Sadly, even with the law in place, age discrimination is still happening. Age discrimination cases account for 25% of all EEOC cases. This is why there is a high demand for an experienced age discrimination attorney. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC understand the relevant laws and regulations as it pertains to age discrimination. We are uniquely qualified to provide a thorough assessment to anyone who suspects they have been discriminated against because of their age.
What Happens When You File a Charge With the EEOC?
Before you can file your own age discrimination lawsuit in West Virginia, you have to file an official complaint with the EEOC. Once you file your complaint, the EEOC has 10 days to send a notice and a copy of the charge to your employer. After your employer has been notified, the ECCO will do one of the following three options:
Ask for a Response
The EEOC will ask your employer to provide a written response to your complaint. They will also have additional questions that require answers related to your complaint. After they receive the answers, they might assign an investigator to move forward with the complaint.
Ask for Mediation
The EEOC will ask you and your employer to voluntarily take part in a mediation program. This is when an objective mediator who is trained in employment law will step in to hear both sides of the complaint. Based on the evidence presented, the mediator will offer a possible settlement solution. Typically, this solution is non-binding. If your employer turns down the solution or you don’t think it is fair, the EEOC might issue a “Notice of Right to Sue” that allows you to file a lawsuit against your employer. The EEOC might also opt to file its own lawsuit on your behalf.
Dismiss the Claim
The EEOC might dismiss the claim if it wasn’t filed within the filing deadlines. There might also be an issue of jurisdiction that prevents them from taking up the claim. If the EEOC determines not to pursue a lawsuit on your behalf, for whatever reason, they will provide you with the “Notice of Right to Sue” that will allow you to move forward with your lawsuit if you so choose.
Once you file a complaint with the EEOC, you’re entitled to retain legal counsel. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC have years of experience working with the EEOC to find remedies for their clients.
We can provide you with the guidance you need to make the right decisions.
What Are Common Examples of Age Discrimination at Work?
Age discrimination can happen in a number of ways at work. If you believe you’ve been treated unfairly, you may have experienced one or more of the following situations:
- Denial of employment for being “too old”
- Older employees are being denied training, education, and other benefits
- Reductions or layoffs that disproportionately affect older people
- Unwanted jokes or comments on the basis of age
- Lower pay for the same work
- Assigning demeaning tasks to older employees only
- Making a job difficult to encourage someone to quit
Those are just a few examples of age discrimination in the workplace. If you think you’ve been mistreated because of your age, whether it be at your workplace or while you were applying for a position, it’s important to understand the employment laws that could apply to your discrimination claim.
What Should You Do If You Suspect Discrimination?
If you suspect you’ve been discriminated against because of your age, you need to document everything that happens. You should keep a journal or log that details the dates, the people involved, and what the incident was. It is also important that you make copies of all relevant documents, emails, memos, or performance reviews that support your claim.
Keep in mind that you should make your records and copies for your personal computer, not your company computer.
You should also contact a Charleston age discrimination attorney as quickly as possible to understand what the next steps are for filing a complaint.
Laws Against Age Discrimination
In order to protect workers over the age of forty in West Virginia and across the rest of the country, there are laws at the state and federal levels. When you file a complaint, you’ll use the evidence you collect in conjunction with the existing laws to prove you were treated unfairly.
The Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA) was formulated to apply in local and state government agencies, the federal government, employment agencies, businesses that employ over 20 people, and labor organizations that employ over 25 individuals.
The ADEA, however, does not cover members of the military, independent contractors, or those who have been elected to a public office.
The ADEA does not protect workers under the age of 40. This means that on a federal level, it’s not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can also occur when the victim and the person who inflicted the mistreatment are both over the age of 40.
West Virginia’s “Substantially Younger” Rule
As mentioned, the federal age discrimination laws only apply to applicants and employees who are 40 years of age or older. In West Virginia, however, there is a rule that protects another group. As of 2016, age discrimination plaintiffs in the state may be able to establish a case even if they were replaced with someone who is 40 years old or older.
The West Virginia Supreme Court followed Justice Scalia’s lead to adopt the “substantially younger” requirement after a plaintiff, a 65-year-old housekeeper, was fired from her job and replaced with housekeepers who were 41 and 53.
While there is no official rule stating what “substantially younger” means, an age gap of ten or more years is typically considered sufficient.
Frequently Asked Questions About Age Discrimination
It might be hard to accept that a company you’ve been loyal to might turn around and discriminate against you because of your age. When that happens, you’ll be understandably hurt. You’ll also have questions. We can provide you with the answers you need to make the right decision about moving forward with your complaint.
Those answers begin with these frequently asked questions.
What are my filing deadlines?
You have a year to file an age discrimination complaint with the EEOC or the West Virginia Human Rights Commission. Once you file a complaint, it preserves it under federal law. However, if you file outside of that timeline, you might not be able to collect any compensation.
How long does it take the EEOC to resolve a complaint?
The EEOC is like any other government agency. That means they will work on their own time. Typically, it might take the EEOC up to 6 months to thoroughly investigate a complaint. If you opt for mediation, you might be able to settle the matter in as little as 3 months. It is important to note that recent cuts in federal agencies could mean that you will face longer than anticipated delays.
What am I entitled to if I prevail?
If you present strong evidence to support your claim in a lawsuit or mediation hearing, you could be entitled to reinstatement. That means going back to work at your same job. That would entirely be up to you. However, you could also be entitled to back pay and other benefits under federal law. Your attorney will be able to provide you with the scope of what you’re entitled to.
Can my employer retaliate against me if I file a complaint?
It is conceivable that you might be denied a promotion due to age discrimination, and you file a complaint, but remain on the job. In that scenario, you are entitled to pursue your complaint without fear of retaliation. If your employer does retaliate in any way, they could be subjected to a second complaint.
What if my employer is over 40?
While it might seem ironic, you could face age discrimination from someone who is older than you. Fortunately, the age of your employer is not a factor in your age discrimination suit. They might use that fact to dispute your claim, but the evidence presented by your age discrimination lawyer will support your version of what happened.
Should I file a complaint with my company’s HR?
Yes, you should also file a complaint with your company’s HR department. How they respond will be an important part of your overall complaint.
Fight for Your Rights With a Charleston Age Discrimination Lawyer
If you believe you’ve been discriminated against because of your age, it’s important to understand your legal rights and options and what you can do to hold your negligent employer accountable for your suffering. That’s why you need a Charleston age discrimination lawyer.
At DiPiero Simmons McGinley & Bastress, PLLC, we believe in fighting for our clients and ensuring justice is served on their behalf. We recognize you might hesitate in filing a claim against an employer out of fear of reprisal, but we’ll be by your side, guiding you through every step of the process. We’ll also stand by you if there is any retaliation.
Your situation and the events that led to your wanting to pursue a claim will have an impact on how complex your case is and what evidence is needed to prove you were wronged. To learn more about the process and the best chances to succeed with an age discrimination claim, contact us today for a free consultation.
You shouldn’t wait to be treated fairly.
