Age Discrimination Lawyer Bethesda, Silver Spring, Rockville, Gaithersburg

As our society grows older and employees remain in the workplace longer, age discrimination is becoming more prevalent. Although it is illegal for employers to use an individual's age as a factor in any employment decision, older people often do not receive the same opportunities as younger workers. Similarly, older employees are more frequently adversely affected by layoffs, despite their knowledge, expertise, and ability.

The Baror Law Firm, LLC is dedicated to helping individuals who have been targets of age discrimination. Our experienced employment law attorneys have a proven track record of helping our clients obtain the compensation they deserve.

What is age discrimination?

The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal for employers with at least 20 employees to discriminate any employee or job applicant who is 40 years of age or older.

The law prohibits discrimination with respect to any aspect of employment including hiring, firing, pay, promotions, training, layoffs and other conditions of employment. In 1990, the ADEA was amended by the Older Workers Benefits Protection Act which provides greater protections to older workers regarding employment benefits. In short, these laws prohibit a number of practices, including:

  • Discrimination in Hiring - Employers are prohibited from advertising exclusively for younger workers or using age-related hiring criteria unless there is a justifiable business reason to do so.
  • Workplace Harassment  - The law prohibits harassment of older workers in the form of teasing, jokes or ridicule, or other unwelcome conduct, that an employee must tolerate in order to keep his or her job, or that is severe or pervasive enough to create a hostile environment.
  • Discrimination in Benefits - Older workers must be offered certain benefits such as paid time off, retirement plans or severance pay, that are equal to those provided to younger workers; other benefits such as health benefits and life insurance may be different, provided that the employer spends the same amount on older and younger workers.

Despite these protections, workplace discrimination against older workers is common. Many employers assume that younger workers are high energy, more technologically sophisticated, and innovative. Because of this perception, their older colleagues are often passed over for promotions, terminated, or ridiculed because of their age.

While age discrimination can occur in a number of ways, it is often difficult to identify, however, some examples include:

  • Repeatedly asking an older employee when he or she is going to retire
  • Hiring another candidate only because they are younger
  • Layoffs that disproportionately affect older employees
  • Not providing training, education or other benefits to older workers
  • Refusing to hire workers who appear older than a certain age
  • Forcing an older worker to retire

Elements of an Age Discrimination Claim in Maryland

In order to have a valid claim, an employee or job applicant must demonstrate that he or she is 40 years of age or older, was affected by an adverse employment action, and the employer took the action because of person's age. However, proving that the adverse action was based on age, rather than some other factor, can be difficult. Age discrimination is usually very subtle and employers have a lot of leeway to make occupational decisions. Nonetheless, an employment practice that negatively impacts employees or applicants age 40 or older may be illegal if it is not based on a reasonable factor other than age. 

Dedicated Age Discrimination Attorney Servicing Bethesda, Gaithersburg, Silver Spring and Rockville

At the Baror Law Firm, we believe that no one should be passed over for a promotion, terminated or ridiculed because of their age. We are keenly aware that companies are looking to get "younger" which can make age discrimination in the workplace rampant. Because of our society's obsession with youth and the supposed energy and innovation that comes with it, older employees are often treated as disposable liabilities. 

We believe that older employees bring a lot to the table, including their experience and perspective on life. Ultimately, they help to create a more diverse workplace. If you were subjected to an adverse employment action because of your age, we are here to help. Our experienced attorneys have successfully advocated for the victims of age discrimination to ensure that they receive just compensation. Contact our experienced attorneys today for a free consultation.

The Baror Law Firm helps victims of age discrimination throughout Maryland including Bethesda, Silver Spring, Rockville and Gaithersburg. Gives us a call at 301.812.4546 for more information or feel free to fill out the contact form on the side of the page. 

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| Phone: 301.812.4546

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