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Ways To File A Proper Age Discrimination Lawsuit

Ways To File A Proper Age Discrimination Lawsuit


Ways To File A Proper Age Discrimination Lawsuit

by James McNulty

With so many companies now preferring a younger, more recently qualified work force, many individuals are filing age discrimination lawsuits. This article is intended to equip you with the information you need about age discrimination and how to file an age discrimination lawsuit.

Most often age discrimination applies to older workers that are not treated the same way as younger people in the company. They do not experience equal rights in the work place. There is the odd occasion where younger people are discriminated against by older staff members or management.

The question begs why were these older staff members not discriminated against when they were hired originally? Well today for some reason younger staff members have more clout and this is where discrimination takes place.

The ADEA this stands for The American Age Discrimination Employment Act. This enforces that all people should be assessed on their ability to do the work and not how old they are. Even with this act in place age discrimination exists.

The one major reason for age related discrimination is that younger people have formal qualification by way of degrees and diplomas. The older people never bothered with tertiary education, they got on with the job and most often know much more than the young upstarts with a degree. You cannot beat experience is this humble writers opinion.

1967 was the year when age discrimination first came about. For this reason the ADEA came about. The fundamental purpose of the ADEA is to ensure that people are employed on their ability to perform work related tasks and not on how old they are.

The ADEA also ensures that people who are over forty do not suffer discrimination. They cannot be unfairly dismissed, or have salary cuts. Employment benefits must be the same for people of all age groups. This act applies only to people who are in the full time employ of the company.

Regarding early retirement, this can only happen with the consent of the employee concerned. In other words it must be voluntary retirement.

Naturally in certain occupation types people cannot be employed or in the employ of a company. Examples of this would be emergency rescue services, fire fighters and members of the police force. You could not expect an 65 year old to chase down a young criminal on foot. Should the occasion arise where force is necessary this could also be a problem.

In other companies where a younger person is more suitable, the company has to prove beyond a reasonable doubt that all people above a certain age group would not be suitable.

Employees are entitled to file civil damages suites as well and this can add millions of dollars to the claim.

These are some, but not all of the considerations when researching how to file an age discrimination lawsuit.

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