Your experience, wisdom, and dedication are valuable. When all that others see is your age, they’re missing out…and breaking the law.
If you’ve even been told you’re too old, or felt overlooked, pushed aside, or subtly edged out of opportunities simply because of your age, you’re facing a problem that is far more common than most companies care to admit.
For many hardworking professionals 40 and over, age discrimination begins quietly. It can show up as a sudden shift in how you’re treated, exclusion from key meetings, or hearing comments like “we’re going in a different direction” – even when your performance has been stellar.
In areas like Los Angeles, New York City, Atlanta, and Silicon Valley, where job competition is fierce, these microaggressions pile up until they’re impossible to ignore.
The good news? You have legal rights and you’re not alone. An age discrimination attorney, like the team at Consumer Justice Law Firm, can help you understand your legal options, hold your employer accountable, and get justice.
Get answers to the most common questions below, or check out our Employment Discrimination practice page for more info.
Quick Links
Is it illegal to be fired or not hired because of my age?
Yes, if you’re 40 or older, age discrimination in hiring, firing, or employment decisions is illegal under the Age Discrimination in Employment Act of 1967 (ADEA).
The ADEA, enforced by the EEOC, makes it unlawful for employers to treat you less favorably because of your age in any aspect of your job, whether it’s hiring, promotion, training, compensation, or termination.
Despite these protections, age discrimination remains widespread in industries across the country. From Silicon Valley tech firms to traditional offices in New York City, workers report being passed over or pushed out simply for aging.
An experienced age discrimination attorney can help determine whether you have a valid employment discrimination case and guide you through the legal process.
What are some signs of age discrimination at work?
Age discrimination often masks itself in polite language or ambiguous business decisions. Yet, a seasoned age discrimination attorney can spot the patterns.
- You may suddenly receive poor performance reviews after years of glowing feedback.
- You may find yourself excluded from meetings or key projects, while younger, less experienced colleagues are included
- You may be denied promotions despite your impressive qualifications and experience
- You may start hearing phrases like “We need fresh energy” or “You’re overqualified.” This can be coded language for age bias.
These subtle shifts are reported all over but especially in areas like San Francisco, Chicago, Atlanta, Virginia Beach, and Los Angeles, where competitive job markets thrive. Consulting with an age discrimination attorney is the first step to protecting your rights.
Examples of age discrimination
Age discrimination attorneys have seen, heard, and handled it all, but these are a few common examples:
- Being passed over for training opportunities while younger employees are offered development support
- Hearing offhand comments about retirement or being “set in your ways”
- Being targeted for layoffs despite a strong performance history
- Seeing job postings that blatantly state a preference for “young, energetic candidates” or require applicants to be “digital natives” or “recent college grads”
- Being pressured to leave or retire early without just cause
- Being asked to train newly hired younger employees who are given higher pay, lower-level titles, and fewer responsibilities
- Receiving fewer challenging assignments or being left out of innovative projects that are routinely assigned to younger staff members
Can I be forced to retire because of my age?
Generally, no. Mandatory retirement is illegal in most jobs unless you fall under a very narrow exception, such as certain high-level executives or public safety officers.
Employers may try to mask forced retirement as a “business restructuring” or suggest that you voluntarily step down. This tactic often targets older employees in sectors like education and government.
If you’re being pressured to retire or offered incentives to leave early based solely on age, an employment discrimination attorney can help you assess the situation and consider a potential discrimination lawsuit.
What should I do if I think I’m being discriminated against because of my age?
If you believe age discrimination is occurring, it’s crucial to act quickly and methodically.
Begin by documenting everything – emails, conversations, performance reviews, and any incidents that suggest bias.
Report your concerns internally to human resources or a supervisor, preferably in writing.
You may also file a charge with the EEOC, typically within 180 to 300 days of the discriminatory act, depending on your location. An age discrimination attorney can walk you through this process, help gather evidence, and ensure your rights are fully protected.
In some regions in the country where employment laws can be complex, having legal guidance is essential.
Can I be punished for reporting age discrimination?
Retaliation for reporting age discrimination is illegal under federal law. Unfortunately, it happens more often than many realize.
Employees who come forward may face demotions, reduced hours, exclusion from meetings, or even termination. Retaliation is considered a separate violation and can strengthen your case.
In high-pressure industries, retaliation can be subtle but damaging. If you suspect retaliation after raising concerns, you should immediately consult with an age discrimination attorney to explore your options and possibly pursue an age discrimination lawsuit.
How do I prove age discrimination?
Demonstrating age discrimination typically involves collecting both direct and indirect forms of evidence. This may include comparative data showing younger employees received preferential treatment, documented age-related comments by supervisors, and a timeline of adverse employment actions following such remarks.
An abrupt shift in performance reviews or exclusion from opportunities after reaching a certain age can also be telling. Many claims arise from patterns that can be shown by knowing which evidence to pursue and how to build a strong legal case.
A knowledgeable age discrimination attorney can help you assemble a compelling case backed by documentation and legal precedent.
What rights do older workers have under the ADEA?
The ADEA grants workers ages 40 and older
- the right to be treated fairly in all aspects of employment.
- protections from being fired, demoted, or harassed based on age.
- the right to equal pay and access to benefits unless the employer can prove that differences are based on factors other than age.
- If you file a complaint or participate in an investigation, you’re legally protected from retaliation.
You also have the right to work with an age discrimination attorney. Getting a free consultation with an age discrimination attorney can provide customized information about your specific case.
Do I need an attorney to file a discrimination lawsuit?
While you can technically file an EEOC complaint or lawsuit without legal representation, doing so can be overwhelming and risky.
Employment discrimination laws and age discrimination cases are complex, and employers often have their own legal teams looking out for their best interests.
An age discrimination attorney will help you gather evidence, identify legally meaningful patterns, navigate deadlines, file proper documentation, represent you in communications and negotiations, and file a lawsuit to protect your rights and get compensation.
So, while you don’t need an age discrimination attorney to file a discrimination lawsuit, working with one is absolutely to your advantage.
Are some industries worse for age discrimination than others?
Yes. Certain industries tend to exhibit more age bias.
For example, tech companies in Silicon Valley and San Francisco often favor younger, “fresh” talent. Advertising, fashion, and entertainment industries in cities like Los Angeles and New York City are also notorious for sidelining older professionals.
Finance and retail sectors may also demonstrate discriminatory practices. In these fields, older workers might find themselves passed over for promotions, excluded from innovation teams, or let go during reorganizations.
If your industry leans heavily on youth-centric culture, and you’re feeling the pressure, speaking to an age discrimination attorney may clarify your legal standing.
Can I sue for emotional distress caused by age discrimination?
Yes, emotional distress is a valid component of many discrimination lawsuits.
Victims of age discrimination often experience anxiety, depression, insomnia, or humiliation as a result of workplace mistreatment.
If you’ve been targeted due to your age and it has affected your mental health, this could be part of the damages you pursue.
Age discrimination attorneys regularly seek compensation for both economic losses and emotional suffering, when older employees may feel isolated or undervalued.
How long does an age discrimination case take?
The timeline for an age discrimination case varies widely based on several factors, including the strength of the evidence, the employer’s cooperation, and whether the case settles or goes to trial.
Some claims resolve in a few months through settlement, while others may take over a year if litigation is necessary. Also, different locations may have different court timelines depending on the volume of cases.
An age discrimination attorney can help estimate your timeline and keep the process moving efficiently.
Can job ads that say “young and energetic” be considered age discrimination?
Yes, job ads that use phrases like “young and energetic,” “recent graduate,” or “digital native” may be viewed as discriminatory.
These coded terms can discourage older applicants from applying and may violate the ADEA. This type of language is often found in postings from tech startups or creative agencies across the nation.
If you’ve encountered such an ad and believe you were excluded from consideration due to your age, an employment discrimination attorney will assess the validity of your claim.
Key Reasons To Call An Age Discrimination Attorney
- You were fired or forced to retire under suspicious circumstances
- You received negative performance reviews after years of success
- You were replaced by a significantly younger employee
- You experienced retaliation for reporting discrimination
- You noticed a pattern of age bias in hiring or promotions
You should contact one of our age discrimination attorneys if you’re 40 or older and have experienced any of these adverse employment actions that appear to be age-related.
GET JUSTICE! Save Your Career and Get Money
Age discrimination is illegal and harmful, not just to individuals but to workplaces as a whole. Whether you’re in Los Angeles, Philadelphia, Silicon Valley, Atlanta, or anywhere else – no matter where you are, we’re here to help because we’re nationwide.
At Consumer Justice Law Firm, we believe that older employees deserve to be seen, heard, and respected as seasoned and knowledgeable, not sidelined and mistreated. Our age discrimination attorneys are committed to holding employers accountable and helping you pursue justice under the law.
Speak with a qualified age discrimination attorney today and reclaim the dignity and fair treatment you’ve earned.
FREE CONSULTATIONS! You pay nothing out of pocket to work with our age discrimination attorneys. No justice, No fee!