What is the Age Discrimination in Employment Act?
In 1967, the Age Discrimination in Employment Act was created to give employees rights related to discrimination in the workplace as a result of age. Employees who are 40 years old and older and work for private companies with 20 or more employees are covered under the Age Discrimination in Employment Act. Employees who are 40 years or older and work for the federal, state, or local government, labor organizations, or employment agencies are also protected from discrimination due to their age.
The Age Discrimination in Employment Act only applies to employers who have at least 20 employees. However, other employees 40 or older are also protected under the Virginia Human Rights Act. Employees who meet those qualifications and who are discriminated against may have a valid claim against their employer.
What are the most common examples of age discrimination in the workplace?
The following acts in the workplace may be classified as discrimination:
- Laying off or terminating older workers because of their age
- Promoting younger workers ahead of older workers because of their age
- Denying an individual certain benefits because of their age
- Harassing an older worker because of their age
- Demoting older workers because of their age
- Retaliating against an employee for complaining about discrimination or filing an age discrimination charge
How long do I have to make an age discrimination claim in Virginia?
It is important that you bring attention to your discrimination claim as soon as possible. There are strict time limits for discrimination claims to be filed in Virginia. If you wish to preserve your claim under state law, you must file with the Office of Civil Rights within 180 days of the date you believe you were discriminated against. If you wish to preserve your claim under federal law, you must file with the EEOC within 300 days of the date you believe you were discriminated against. Get started today by reaching out to our experienced employment attorney who will walk you through the claims filing process.
CONTACT OUR VIRGINIA EMPLOYMENT ATTORNEY
At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.