Were you passed over for a promotion because of your age

On Behalf of | Oct 6, 2020 | Employment Law

One of the reasons you have stayed with the company for so many years is that the president saw to it that hard-working employees received appropriate recognition and compensation.

When the president retired and new management came in, younger workers began to appear. Now  older workers like you are routinely passed over for praise and promotions. Can you claim age discrimination?

The ADEA and older workers

The Age Discrimination in Employment Act of 1967 acknowledges that older workers suffer a disadvantage in the effort to retain their jobs or to find new jobs if terminated. The ADEA Act prohibits age discrimination and promotes employment for older workers based on ability rather than their age. The act also makes it unlawful for an employer to:

  • Deprive anyone of employment opportunities on the basis of age
  • Reduce the rate of pay for an older employee in connection with his or her age
  • Refuse to refer someone for employment because of age

The Texas Workforce Commission weighs in

Along with the ADEA, Chapter 21 of the Texas Labor Code forbids employment discrimination against people aged 40 and above. This law applies to businesses with 15 employees or more, as well as to state and local government entities regardless of the number of employees.

Employee rights

From the day you begin your job to the day you retire, you qualify for protection against discrimination under both federal and state laws. If through lack of promotion, you believe you are experiencing age discrimination, you may wish to pursue legal options concerning your employee rights.

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