In 1967 the Age Discrimination in Employment Act (ADEA) was enacted to provide protection for workers over the age of 40 from workplace discrimination due to their age. Unfortunately, the U.S. Equal Employment Opportunity Commission (EEOC) is still receiving a great deal of age discrimination claims. The EEOC reported that from 2019 to 2020 they received roughly 30,000 claims regarding age discrimination in the workplace. Therefore, if you feel that you have been denied opportunities or deprived or benefits due to your age, you are not alone and we are here to assist you. Arizona employment discrimination laws are in place to ensure not only that all working professionals are treated equally, but also that they feel safe in their work environments.
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees or applicants on the basis of their age in hiring, termination, benefits, or other terms and conditions of employment. Some examples of possible age discrimination are:
- Determining an employee’s wage based on their age.
- Specifically laying off older workers because their benefits are more expensive.
- Being pressured to retire.
- Making age limits for programs within the workplace.
- Evaluating an employee based on their age rather than their abilities or job performance.
- Demoting an employee based on their age.
- Denial of raises or promotions.
- Hiring only young employees.
The ADEA applies to employers, labor organizations, employment agencies, and state and political subdivisions. To be protected by the ADEA, an employer must employ 20 employees for 20 calendar weeks during either the year in which the alleged discriminatory act occurred or the preceding year. However, in Arizona the law is slightly different. Instead of the requirement being that an employer must employ at least 20 employees for the ADEA to be enforced, in Arizona an employer must employ at least 15 employees for the ADEA to be enforced.
Process of an ADEA Claim
Unfortunately, discrimination can be hard to identify and even harder to prove. In order to state a case for age discrimination, a claimant must be able to show:
- That they are within the age group protected by the ADEA;
- That their job performance was up to standard;
- That discriminatory action was taken against them in the workplace; and
- That an employee younger than the claimant was treated more favorably.
Federal and state courts have concurrent jurisdiction over ADEA cases. In nonfederal states, a claim must be filed with the Equal Employment Opportunity Commission (EEOC) within 180 days after the alleged unlawful act. In “deferral” states, including Arizona, the prerequisite is that the charge must be filed with the EEOC within the earlier of 300 days after the alleged unlawful act or 30 days after receipt of notice of the termination of state proceedings. The employer is then informed of the investigation and is given the change to remedy the situation.
Once the EEOC has completed its investigation on your claim, they may decide to not take on your claim themselves, but instead have you file a private action. In this case, the EEOC will issue you a “right to sue” letter which you will file 60 days after the date you originally filed your claim with the EEOC. No action can be brought until either 60 days after the charge is filed with the state agency or immediately after the state agency terminates its investigation. When filing a private action, you have 90 days after the EEOC dismisses the federal charge to file with the state agency or they will terminate your proceedings.
This process is much easier with the help of an experienced employment attorney. The attorney assisting you can help avoid any possible mishaps with the paperwork and filings to accelerate the process and ultimately get you the compensation you deserve.
Filing an age discrimination lawsuit could not only correct discriminatory practices in your workplace so they don’t happen in the future, but could also include compensation in the form of any liquidated damages the victim may have suffered. This could include any payment that was lost due to being terminated or denied a job, reinstatement in the position you lost, compelled employment, or attorney fees.