Age Discrimination Lawyer in Houston Advocates for Older Clients
Board-certified Texas employment attorney provides strong advocacy
Experience is a valuable asset at any job, but some employers look to move older workers out to save money or for other reasons. This is illegal and if you’re over 40 and suffered from this type of mistreatment, the Law Offices of David C. Holmes can help. Age is a protected class under federal and state law, so you might be entitled to relief if you have been fired, demoted or harassed at work because of how old you are.
The Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) is a federal mandate designed to protect older workers. This federal law applies if you’re at least 40 years old and work for a company with a minimum of 20 employees. However, Texas law now provides similar protections for companies with as few as 15 employees. A few of the more common types of age discrimination include:
- Being denied a job because of your age
- Losing a job based on your age and being replaced by someone younger
- Age-related harassment from your employer or co-workers
- Losing your benefits based on your age
- Claimant is at least 40 years old
We understand how you feel. Our established Texas employment law firm will look at all the aspects of your complaint to determine whether or not you have valid case of age discrimination.
How do you prove age discrimination cases?
Proving that you’ve been victimized by unlawful age discrimination can be tough. Employers often find other ways to justify adverse job actions taken against an older worker. We understand how to disprove unsupported defenses and make sure that the following required elements of an age discrimination claim are in pace:
- Employer is subject to age discrimination laws (government entity or a private business with at least 15 workers)
- Claimant can still perform job duties in a satisfactory manner
- Younger people in a similar situation receive better treatment
Even if you’re told that your dismissal or demotion was due to something besides your age, consulting with a qualified attorney might help you obtain back pay and other compensation.
How long do victims have to file an age discrimination claim?
Age discrimination claims must be filed with the Equal Employment Opportunity Commission or Texas Workforce Commission no longer than 300 days after the alleged unlawful treatment. This deadline is significantly shorter than those used in most types of lawsuits and could work against someone who has faced discrimination over a long period of time. To protect yourself, you should consult with an experienced employment attorney when you first recognize age-related bias. Waiting too long might mean that you cannot cite certain examples of bias.
What damages can be awarded for age discrimination?
If you can demonstrate that you were victimized by age discrimination, several types of relief might be available, such as:
- Wages that you would have earned to date
- Compensation for your lost earning capacity
- Pay that you could have been expected to earn in the future but will not
- Reimbursement for benefits, including health insurance coverage, that you lost
- Damages for emotional distress
- Reasonable attorney’s fees and expenses
After reviewing the facts in your case, we can advise you regarding potential remedies for the harm you’ve suffered.
Contact a Texas attorney for a free consultation regarding an age discrimination issue
The Law Offices of David C. Holmes advises Texas workers and businesses on age discrimination claims. Our office is in Houston and you can schedule a free initial consultation to discuss your situation by calling 713-586-8862 or contacting us online.