Denied A Promotion Because Of Your Age? Here's What You Need To Do

Law Blog

Discrimination at any level goes against the democratic values of the United States. But being discriminated against at work—where you spend a majority of your time and earn a paycheck—can make you feel more threatened than ever. If you've been denied a promotion because of your age, you may wonder where to turn. Here's what you need to know in order to determine if you have a case.

Determine if Your Civil Rights Have Been Violated

In order to figure out if your civil rights have been violated, you need to understand if those rights were actually protected.

Civil Rights Movement

Civil rights exist to protect everyone from unfair treatment in a number of different situations: employment, housing, education, public accommodations, etc. Initially, the Civil Rights Movement came about to protect African Americans from being discriminated against, but it now serves everyone and is meant to protect individuals regardless of their race, religion, national origin, gender, age, and disability.

Civil Rights vs. Protected Rights

What you consider to be your civil rights may not fall under the blanket of protected rights. For instance, suppose an African American man goes to an apartment complex to fill out an application for a lease. He speaks with the landlord and tells her that he owns two dogs. She tells him that she doesn't allow dogs in her apartment complex. Because his application is rejected, he may feel as though his civil rights have been violated. But apartment complexes are allowed to reject applicants based on pet ownership.

If, however, a white man came in right after the first man, filled out an application, disclosed that he owned two dogs, and was approved for a lease, the African American applicant very well may have a case. Being allowed to live where you choose regardless of race is a protected right.

Age Discrimination in Employment Act of 1967

Also known as ADEA, this particular law came about to protect older people in the workplace. Specifically, it prohibits employers from discriminating against workers who are 40 and older. On the flip side of the same coin, it's also interesting to note that it's perfectly legal for an employer to show favoritism to an older employer over a younger one, even if both of the employees are over the age of 40.

An employee cannot be fired; refused a promotion; denied compensation, benefits, work assignments, and training; or offered less pay solely because they are older. Also, if they are otherwise qualified for but turned down for a job because they are older, or if they are harassed in the workplace because of their age, they are considered to be discriminated against.

If you are over the age of 40, and you were denied a promotion because of your age, your protected civil rights have been violated.

Hire an Attorney to Discuss Your Options

Lawyers that handle civil right cases are the best go-to in these situations. But there are a number of ways that the discrimination can be addressed.

Informal Negotiations

In these cases, both the employee and employer sit down and discuss the matter, usually with their attorneys present, and work out a best-case scenario for everyone. This may include a hefty severance from the employer with a written agreement from the employee that they won't sue.

File a Claim with EEOC

In cases of employment discrimination, you must file a claim with the Equal Employment Opportunity Commission within 180 days of the offense occurring. This must be done before bringing a private lawsuit against your employer. An attorney can walk you through the process.

The agency will do its own investigation and issue a "right-to-sue" letter if enough evidence is found.

Sue Your Employer

If you received a "right-to-sue" letter from the EEOC, then your attorney can start the process of filing a lawsuit. Getting professional representation can help your case as your attorney understands the legal proceedings involved and can protect your rights.

Historically, there have been many cases in which the plaintiff won monetary damages in excess of $100,000. So having the right attorney on your side can make all the difference. For more information, contact companies like Law Offices Of Timothy O'Brien.

3 October 2017