Age discrimination can be difficult to prove, but it’s a reality many employees face in the workplace. If you’ve been passed over for a promotion at your corporate law firm and suspect that your age played a role, understanding your rights and gathering the right evidence is key. Here’s how you can build a strong case for age discrimination. Contact PLBH at (800) 435-7542 for a free legal consultation.
Recognizing Age Discrimination
Age discrimination occurs when an employer treats an employee less favorably because of their age. In the United States, the Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination in hiring, promotions, pay, and other employment decisions.
Common Signs of Age Discrimination in Promotions
If you’ve been passed over for a promotion, consider whether any of the following signs of age discrimination apply:
- You were qualified for the promotion but it was given to a younger, less experienced colleague.
- Comments or actions suggest a preference for younger employees, such as supervisors using phrases like “fresh ideas” or “new energy.”
- Exclusion from key projects or opportunities that are essential for career advancement.
- Sudden changes in performance evaluations, particularly if they contradict past reviews.
Steps to Prove Age Discrimination
Proving age discrimination requires gathering compelling evidence. Here are the steps you can take to strengthen your case.
1. Review Your Employer’s Policies
Start by reviewing the corporate law firm’s promotion policies, employee handbook, or any written criteria for advancement. Look for language that outlines the qualifications and processes for promotions. Discrepancies between these policies and the promotion decision may indicate bias.
2. Gather Evidence of Discrimination
Building a case often involves collecting both direct and circumstantial evidence.
- Direct Evidence: Comments or actions that explicitly reference age, such as “You’re too close to retirement” or “We need someone younger for this role.”
- Circumstantial Evidence: Patterns that suggest a preference for younger employees, such as a history of promoting younger workers over older, qualified candidates.
3. Document the Promotion Decision
Keep detailed records of the promotion process, including:
- The job description for the role.
- The qualifications and experience of the person who received the promotion.
- Your own qualifications and performance reviews.
Additionally, save any emails, meeting notes, or other communications related to the promotion that may demonstrate age bias.
4. Identify Witnesses
If colleagues or supervisors witnessed discriminatory comments or behaviors, they may be willing to provide testimony. Witness statements can strengthen your case and corroborate your claims.
5. File a Complaint
Most companies have an internal process for addressing workplace discrimination. Filing a formal complaint with human resources (HR) creates a documented record of your concerns.
- Be specific about why you believe age discrimination occurred.
- Provide evidence to support your claim.
6. Seek Legal Assistance
If internal complaints don’t resolve the issue, it’s time to consult an employment attorney at PLBH. An experienced lawyer can help you determine whether you have a valid claim under the ADEA or other applicable state laws and guide you through filing a complaint with the Equal Employment Opportunity Commission (EEOC).
What Damages Can You Recover?
If your case is successful, you may be entitled to compensation, including:
- Lost wages: Pay and benefits you would have received if promoted.
- Emotional distress: Compensation for the mental and emotional toll of discrimination.
- Attorney’s fees and costs: Reimbursement for the legal expenses incurred during your case.
In some cases, courts may award punitive damages to punish the employer for willful discrimination.
Tips to Protect Yourself
While building your case, protect your rights and reputation with these tips:
- Avoid discussing your case with coworkers or on social media.
- Keep all interactions with HR and supervisors professional and documented.
- Follow company protocols to avoid retaliation claims against you.
Age discrimination is unlawful and unfair, and being passed over for a promotion because of your age can have lasting impacts on your career. By understanding the signs of discrimination, documenting your case, and seeking legal support from PLBH, you can take steps to hold your employer accountable and protect your rights.
If you believe you’ve been a victim of age discrimination, contact PLBH at (800) 435-7542 to discuss your case and explore your options.