Federal and state laws prohibit job discrimination based on someone's age. The federal Age Discrimination in Employment Act (ADEA) protects workers age 40 and over from age-based discrimination in hiring and in every other aspect of employment.

The ADEA makes it illegal for employers, employment agencies and the federal government to discriminate against employees and job applicants who are age 40 and over and work for employers with at least 20 employees. This includes decisions about hiring, firing, layoffs, pay, benefits, promotions, demotions, performance reviews or any other condition of employment.

It is also unlawful to retaliate against anyone who opposes employment practices that discriminate based on age or who files a lawsuit under the ADEA.

In 1990, Congress amended the ADEA through a law known as the Older Workers Benefit Protection Act (OWBPA) to provide further protection to older employees with respect to employee benefits. The OWBPA prohibits discrimination with respect to employee benefits based on age, and prohibits employers from offering certain types of severance agreements or early retirement packages if those offers improperly favor younger workers over older ones.

An Alabama Employee Rights Attorney Who Is Ready To Fight For You

The state of Alabama has its own age discrimination law. The Alabama Age Discrimination in Employment Act (AADEA) follows the federal rules against age discrimination closely. Under the state law, however, an employee is not required to pursue any administrative action (filing a charge with the Equal Employment Opportunity Commission, for example) in order to bring a private lawsuit.

An employee who feels they are a victim of age discrimination must file a charge with the EEOC within 180 days of the last act of discrimination.

The law office of Adam M. Porter in Birmingham, Alabama, represents employees with a wide range of employment law concerns, including those related to age discrimination. I will review the facts of your case to understand your situation, answer your questions and explain your options.

If you have a case, you may be entitled to recover damages from the employer. Depending on your situation, this may include recovering back pay or future pay, attorney's fees, job reinstatement or, if you were not hired, the employer may be required to hire you.

If you feel you've been the victim of age discrimination, or would like to have a lawyer review a severance agreement to make sure your rights are protected, contact a Birmingham age discrimination attorney to learn more about your legal rights and options.