Columbus Age Discrimination Attorney (ADEA)
Workers should not be judged on their abilities to perform their job functions based on broad and unfair stereotypes about their age. While there are important legal protections for employees, age discrimination remains a serious problem in workplaces in Ohio and throughout the country. In a recent study, the Equal Employment Opportunity Commission (EEOC) found that 60 percent of American workers over the age of 40 indicate that they have faced age discrimination in the workplace at some point in their career.
At Coffman Legal, our Columbus age discrimination attorney is here to assist you in the event you are treated with hostility or otherwise discriminated against because of your age. We work tirelessly to protect the workplace rights of our clients. If you believe you were laid off or fired from your job due to your age, there are laws to protect you, and our Columbus age discrimination attorney can help. Contact us today for a free, fully confidential initial consultation.
Understanding the Age Discrimination in Employment Act (ADEA)
The primary federal law that protects workers on the basis of age is the Age Discrimination in Employment Act (ADEA). Under the ADEA, it is illegal for an employer to terminate an employee, or treat them differently from similarly situated employees, due to age. More specifically, the law prohibits employers from discriminating against persons 40 years of age or older because of their age. All employers in Ohio with at least 20 employees who work a minimum of 20 weeks per year are covered by the Age Discrimination in Employment Act.
Age Discrimination is Prohibited Under Ohio State Law
Beyond federal protections, employees in Ohio are also protected against age-based discrimination under state regulations (Ohio Revised Code 4112.02(A)). Ohio’s anti-age discrimination statute may provide protections beyond federal law. Though similar to the ADEA, Ohio’s age discrimination statute prevents companies from taking adverse employment actions against workers solely on the basis of stereotypes about age. If you or your loved ones have been affected by workplace age discrimination in Columbus, it may be advisable to bring a claim using the process governed by the Ohio Civil Rights Commission (OCRC).
Understanding Age Discrimination
Age discrimination is a complicated issue. First and foremost, there is no one single form of age discrimination—it can happen in a wide variety of ways. In addition, age discrimination is often difficult to detect and prove. While there are certainly exceptions, in the majority of cases, bad-acting employers will take at least some steps to attempt concealing age discrimination. Therefore, it is essential that any allegations of age-based discrimination are carefully followed up on and investigated. Some of the most common examples of age discrimination that we see in Ohio include the following:
- Improperly being laid off or fired in a corporate downsizing;
- Getting passed up for an earned promotion;
- Receiving less desirable assignments than younger co-workers;
- Attempting to deny benefits to older workers; and
- Subjecting older workers to age-based workplace harassment.
If you believe you have suffered any of the preceding actions because of your age, it is crucial that you seek professional support. Do not allow age discrimination to continue unchallenged. You have important legal rights, and there are many options available. Please do not hesitate to contact our Columbus age discrimination attorney today.
Age Discrimination in a Reduction in Force (RIF)
Often, age discrimination issues arise when a company is attempting to downsize or restructure. Despite these structural changes, workers may not be subject to unfair treatment on the basis of their age. Cases of age discrimination are difficult in the context of a reduction in force (RIF), but having an experienced attorney helps. And even though layoffs should be executed fairly, sometimes they are not. If an employee is terminated as the result of a RIF, to have a case the employee must prove they:
- Were a member of the protected class;
- Suffered an adverse employment action;
- Were qualified for the position; and
- Have direct, circumstantial, or statistical evidence indicating that the employer singled out the employee for discharge for impermissible reasons.
In other words, if your company is reorganizing or reducing its total staff, it needs to do so in a non-discriminatory manner. Employers cannot unjustly target older workers in an effort to save money or otherwise change the composition of the staff. If you believe that you or your loved ones have been affected by age-based discrimination in the context of a RIF, it is essential that you contact an experienced Columbus employment lawyer immediately.
Contact An Experienced Columbus Age Discrimination Attorney Today
At Coffman Legal, our Columbus employment attorney has the skills and experience needed to handle age discrimination claims. If your employer is pressuring you to retire or you are being phased out of your job because of your age, we are here to help. If you believe that you have been the subject of harassment or discrimination at work because of your age, please contact our law firm today for a free, fully confidential consultation.