Many workers—mostly older workers but sometimes younger ones, too—face discrimination because of their age. Age discrimination can occur in many ways, some subtle and some overt, but it is illegal and you do not have to tolerate it. The attorneys at the New Hampshire Employee Rights Group have fought against age discrimination for decades.
Age Discrimination Occurs in Many WaysEmployers engage in age discrimination for a variety of reasons. For instance, some corporations that need to institute layoffs decide to target older employees because they think older employees are more costly due to higher health insurance costs or higher risk for workplace injuries. One way that employers target older employees for layoff is by "papering their files" with poor performance reviews or disciplinary warnings that are based on untruthful information. That way, the employer can point to these poor reviews and disciplinary warnings to justify laying off its older employees even though the reviews and warnings are based on untruthful information.
Employers sometimes base hiring decisions on age in violation of the law. For example, some employers may not want to hire millenials due to negative stereotypes about their generation, such as that they are "job hoppers." Other employers may not want to hire baby boomers for certain jobs because of stereotypes such as that younger workers know more about computers or digital technology. Employers absolutely cannot make personnel decisions based on these types of unfounded generalizations and stereotypes.
Most employers know they cannot make personnel decisions based on ageist stereotypes and, as such, they sometimes falsely claim that they relied on seemingly legitimate reasons to support their decisions. But employers often leave clues, which experienced employment lawyers know how to look for, that reveal the employer's true ageist motives. The attorneys at the New Hampshire Employee Rights Group know how to search for these clues.
There are two federal laws that employees can use to combat age discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects employees who are 40 years old or older from age discrimination. The Older Workers Benefit Protection Act of 1990 (OWBPA) strengthened the protections of the ADEA with respect to employee benefit plans. The OWBPA also requires employers to provide employees with certain information if they ask the employees to waive their rights under the ADEA. This occurs often in the context of a layoff where the employer offers severance pay conditioned on the employee waiving claims she might have under the ADEA.
New Hampshire law also prohibits age discrimination. The New Hampshire Law Against Discrimination protects all workers from age discrimination, no matter how old they are. In that sense, New Hampshire law is more protective than federal law. If you believe that you have experienced age discrimination, the lawyers at the New Hampshire Employee Rights Group can help you understand your rights and may be able to assist you in holding your employer accountable for violating them.
Contact the New Hampshire Employee Rights Group for AssistanceEven if you don't know whether you have suffered from age discrimination, it is worth your time to discuss your situation with an experienced employment lawyer. At the New Hampshire Employee Rights Group, we will listen carefully to what has happened and ask the right questions so that we can determine whether an employer may have discriminated against you because of your age. So, if you believe an employer has discriminated against you because of your age, contact us right away for an initial consultation. You can call us at 833.365.2929 or complete our online form.