Age discrimination protections, part 2: EEOC and the right to sue

By Matthew Marks on April 17th, 2014 in Workplace Discrimination

The Spanish explorer Ponce de Leon famously went searching for the Fountain of Youth.

He didn’t find it. But the mainstream of modern America, with its air-brushed photos and aversion to aging, often seems to be continuing his quest.

Unfortunately, one of the aspects of this aging-aversion in America is age discrimination in the workplace. As we noted in our April 8 post, however, there are protections available under federal and state laws against age discrimination.

In this part of our two-part post, we will explore some of the legal remedies that can be pursued for such discrimination.

Again, keep in mind that legal protections against age discrimination take effect at 40 at the federal level. In some states, such protections may even come into play sooner.

So what should you do if you suspect age discrimination in hiring or on the job?

One option is to file a complaint with the federal Equal Employment Opportunity Commission.

If the EEOC takes the case, its investigation could support your position that discrimination occurred. In some cases, the EEOC could even work out a proposed settlement.

But even in those cases, it makes sense to discuss your case with an employment law attorney. An attorney can advise you on whether to accept the EEOC’s proposed settlement on your behalf.

And even if the EEOC does not pursue your case, it can provide you with a “right to sue letter.” For more information about this process from the EEOC, click here.

In short, filing with the EEOC is one option that you have when you suspect unlawful discrimination. But getting the advice of an employment law attorney can help you understand your full range of options.

There is no denying the importance of the issues involved in age discrimination cases. In today’s economy, it is well known that older workers face many challenges in getting hired. That is one reason why it may be better to assert your rights where you are, instead of just moving on.

To learn more about our firm’s practice, please visit our page on age discrimination.