What is age discrimination?

If you are 40 years of age or older, and you have been harmed by a decision affecting your employment, you may have suffered unlawful age discrimination. The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals 40 years of age or older from age discrimination in the workplace. The Texas Commission on Human Rights Act provides similar protections under state law.

Here are some examples of potentially unlawful age discrimination:

  • You didn't get hired because the employer wanted a younger-looking person to do the job.

  • You received a negative job evaluation because you weren't "flexible" in taking on new projects.

  • You were fired because your boss wanted to keep younger workers who are paid less.

  • You were turned down for a promotion, which went to someone younger hired from outside the company, because the boss says the company "needs new blood."

  • When company layoffs are announced, most of the persons laid off were older, while younger workers with less seniority and less on-the-job experience were kept on.

  • Before you were fired, your supervisor made age-related remarks about you, for example calling you such as that you were "over-the-hill," or "ancient."

If any of these things have happened to you on the job, you may have suffered age discrimination.

What forms of discrimination or unfair treatment are illegal?

Under the ADEA and the TCHRA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promoting, layoff, compensation, benefits, job assignments, and training. As a result, the following practices are generally illegal:

  • An employer cannot retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination claim, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

  • An employer may not include age preferences, limitations, or specifications in job notices or advertisements.

  • The ADEA does not specifically prevent an employer from asking an applicant's age or date of birth. However, because asking these questions may discourage older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

  • An employer cannot force an employee to retire at a certain age (except for a few very narrow exceptions).

What damages can I sue for if I have been discriminated against due to age?

Victims of age discrimination can recover remedies to include:

  • back pay(pay from termination to trial date),

  • hiring,

  • promotion,

  • reinstatement,

  • front pay (all earnings the employee would have received if not terminated),

  • Under federal law: liquidated damages (up to twice the amount of back pay) may be awarded in the event of a "willful" violation, if the employee proves that employer knowingly violated the ADEA or acted in "reckless disregard" of its provisions,

  • Under state law: compensatory damages for emotional distress caused by the discriminatory conduct are available under the TCHRA,

You may also also be entitled to:

  • attorneys' fees,

  • expert witness fees, and

  • court costs.