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You are reading this article probably because you have been wondering if what you have experienced at work may fall under the concept of age-related employment discrimination. You may have already been fired or laid off; or, perhaps, you have been kept out of the loop at the office and you have been deprived of further work-related training or education. If you feel that you really are a victim of age-related employment discrimination, what can you do? (Note that steps 2-6 are also applicable to other types of employment discrimination, such as race/national origin, religion, gender, disability, etc., and not only age).
Step 1
Determine if your termination or lay-off was really age-related discrimination. Consider the following factors:
- Are you at least 40 years of age?
- Have you been a loyal, dedicated and productive employee?
- Have you had consistently good performance reviews, which suddenly plummeted to bad performance reviews?
- Have you been suddenly terminated?
- Have you been suddenly laid off?
- Has there been a reorganization at work that caused you to have a different title or job description?
- Have your duties or hours been reduced suddenly as a result of a reorganization?
- Have your quotas or outputs been increased suddenly?
- Have your looks, appearance been derided for being outdated?
- Have your abilities and competencies been questioned as being irrelevant?
Step 2
Do you have proof or documentation that age was possibly the main factor for your termination or lay-off?
- Do you have relevant memos or emails?
- Are there CCTV footages or recordings of meetings where you have been maligned or humiliated?
- Are there minutes of meetings where your performance was discussed negatively?
- Was there a colleague at work who witnessed the events you are going to complain of?
- What are the ages of people who were terminated along with you?
- Have you lodged a complaint with your supervisor or Human Resources department for harassment or hostile work environment as a result of being laughed at or ridiculed for your age?
Step 3
Have you contacted an experienced employment attorney?
- Discrimination cases are complex. You will need advice.
- You will need an assessment as to whether you have grounds for a complaint. Before you go off to fight, you might as well prepare and make sure that you have the necessary weapons for the fight. Preparation is key.
- You will need an opinion as to whether you have evidence to show that it was really age that was the main reason why you were treated poorly at work. It is not enough to allege discrimination, you must be able to prove it, and that proof can exist in many forms, which your attorney will be able to explain to you.
- You will need an assessment as to whether you are covered under the applicable anti-discrimination statute(s) and whether your employer meets the jurisdictional requirements for liability under the applicable anti-discrimination statute(s).
Step 4
Before you can bring a claim against your employer in court, it is necessary to first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or your local Fair Employment Practices Agency (FEPA) and complete all steps of the administrative process. The time limits for doing so are short and not always certain. Determine if the Charge of Discrimination you intend to file falls within the 180- or 300-day limit. An experienced labor attorney can help you determine if the charge you intend to file can still be filed within the period allowed by law. The following factors are relevant:
- When did the discriminatory behavior begin, exactly?
- Is the discrimination, retaliation or harassment ongoing?
- When were you terminated or laid-off?
- Is there a local statute that prohibits the type of discrimination suffered by you?
Step 5
Determine where or with which office you can file your age-related charge of discrimination. An employment attorney can help you answer the following and other related questions:
- There are 53 EEOC offices in the US – one for each state of the union, and then some. There are also local FEPA’s. In Florida, the FEPA is the Florida Commission on Human Relations (FCHR). Which office or agency can best help you?
- How can you know where to file your charge of discrimination?
- Should you file a charge of discrimination with both the EEOC and a local FEPA?
- What is the process for filing a charge of discrimination? What form(s) do you need to submit? Do you have to file in person or can it be done by other means?
Step 6
Determine what facts and information you need to include in your charge of discrimination. You should be able to provide the following:
- Basic information such as your name, address, telephone number, email and other contact details.
- Basic facts such as the name, address and contact details of your employer.
- The significant dates or timeline of events such as: the date you were hired, fired, or laid-off.
- The number of employees at your place of work.
- What happened: you must give a basic description of what acts of discrimination you experienced.
When you’ve done all this, what happens next? The agency where you filed your charge of discrimination will usually need time to evaluate your allegations. They may ask you to fill out more detailed questionnaires. They may ask for documentation or proof of the things that you alleged in your charge. They may ask you to comment on documents or proof that your employer has submitted. They may also offer to mediate your claim in an effort to help you and your employer reach an amicable resolution without a court’s intervention. If your claim is not selected for mediation, or if the mediation attempt fails, the agency will issue a “Notice of Right to Sue,” so that your lawyer can file a lawsuit in court on your behalf. On very rare occasions, the agency may decide to sue on your behalf.
Filing a charge of discrimination means that you are standing up for your workplace rights. The process may seem confusing and you may feel fearful and vulnerable. An experienced employment attorney can help guide you through this administrative process and ensure that, once it is completed, your lawsuit is filed properly within the applicable deadline. Contact a competent employment attorney now.
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