Austin Age Discrimination Lawyer
What is age discrimination?
Age discrimination is when an employer discriminates against an employee or potential employee due to their age. In Texas, the law prohibiting age discrimination covers employers with 15 or more employees (including full time and part time employees). Age discrimination can occur in the hiring process, or once an employee is officially employed. The Age Discrimination Act (ADEA) and Chapter 21 of the Texas Labor Code forbid discrimination based on age only against people who are 40 years of age or older at the time the discriminatory act takes place.
Discrimination based on age is illegal in any aspect of the employment process including hiring, firing, pay, job assignments, promotions, layoff, training, benefit, and any other condition of employment. It is also illegal to harass someone because of their age, which includes derogatory remarks about your age that are frequent and severe.
My boss and I are both over the age of 40, but I feel like I am being treated unfairly because of my age. Could this still be age discrimination?
Yes, it might be. The age discrimination laws do not require that the person inflicting the discrimination be younger or older than the person on the receiving end. Your boss could be older than you and still discriminate against you based on your age. As long as the person experiencing the discrimination is age 40 or older, illegal age discrimination could be taking place.
I applied for a job and the application asked me for my age, is this a violation of the ADEA?
Not necessarily. While this may indicate age discriminatory behavior, it is not illegal, standing alone, for an employer to ask someone their birth date or graduation date on an application. However, if the question is partnered with some other age-related suspicious behavior, you should contact a lawyer to better understand your rights under the circumstances.
I recently turned 60, and I feel like my boss keeps pushing for me to retire soon, do I have to retire?
No. There is no such thing as a mandatory retirement age. The ADEA protects you from being forced to retire. If you are being pressured by your boss to retire, either by subtle hints or outright encouragement, you may have a case for age discrimination. It is best to reach out to a lawyer to help analyze the situation. Whether and when you choose to retire is your choice.
I want to participate in a training program at work, but my company does not allow people over the age of 55 to participate. Is this age discrimination?
Yes. Employers are not allowed to set age limits for training programs. This is likely a direct violation of the ADEA.
I really like my job, but I feel like I have been the victim of age discrimination while working here. I really do not want to lose my job by filing a charge of discrimination. What should I do?
Call an employment attorney. You have the right to be free from retaliation for filing a charge of discrimination. As a practical matter, there are steps you can take, with some guidance, to accomplish your goals without making your life more difficult. Every case is different and depends on the facts and people involved. Ultimately, you should get informed about your rights and then speak out!
I am over the age of 40 and terminated as part of a reduction in force / layoff, is this age discrimination?
It may be. If you see a pattern of the company firing people over the age of 40, it could be a violation of the ADEA. If Exhibit A to your layoff notice or severance agreement shows the company disproportionately fired people over 40, that is evidence of age discrimination. If you are over 40 and more qualified than coworkers not affected by the layoff, that is evidence of age discrimination. If your supervisor or whoever decided to include you in a layoff made age discriminatory comments (about “dinosaurs, can’t teach an old dog new tricks, we need new blood,” etc.), those may be evidence of age discrimination.
I am over the age of 40 and the company fired and replaced me with someone younger, is this age discrimination?
It might be. The replacement must be either under 40, or substantially younger than you are. You should gather all other information that suggests age discrimination.
I think I’ve been the victim of age discrimination, what do I do now?
Take action! Age discrimination is wrong and illegal for a reason. Use your voice and do not let your employer get away with activity prohibited by law. Contact a lawyer to learn what to do next.
The incident of age discrimination happened over a month ago, is it too late to file a claim?
No. You have 180-300 days to file a claim with the TWC and the EEOC, respectively. So, get started as soon as possible.
What kind of compensation could I get for my age discrimination case?
There are three types of damages most age discrimination victims can recover in Texas:
- Economic damages: back pay and front pay for missed work and lost benefits. Under federal law, back pay awards double under most circumstances.
- Compensatory damages: emotional harm and mental anguish suffered as part of the discrimination, including costs for therapy and other treatment
- Punitive: an amount necessary to punish employer so that such discrimination never happens again.
How Can We Help?
Austin was dedicated, responsive, answered all my questions quickly. I really appreciate that he was always available by email and text message. His team worked hard and quickly to get me a great result. With Austin’s help, we ultimately succeeded in achieving positive change, not only for me, but also for many others as well. I highly recommend Austin Kaplan and Kaplan Law Firm.
— William, Civil Rights
I truly enjoyed working with Austin Kaplan of Kaplan Law Firm. Mr. Kaplan listened to my concerns, reviewed my employment agreement in detail, and then provided some good, solid feedback on what my best options were. In addition, he went above and beyond in researching additional information even after our meeting. I would definitely recommend Mr. Kaplan for legal advice concerning employment related matters.
— Matt, Financial Services Non-Compete and Employment Agreement Advice
Austin was impressive and able to accomplish the results in my case. Like me, he is goal oriented, and his approach to my case was not only efficient but extremely effective. If you are looking for a lawyer that will provide personalized attention and help you accomplish your goals efficiently, I highly recommend Austin.
— Richard, Unpaid Overtime (FLSA) / Retaliation
If you have a tough unpaid overtime case like I did, I recommend hiring Kaplan Law Firm. Austin worked closely with me throughout my case to make sure I knew what to expect, and to make sure we were both fully prepared. Austin made sure I was always in the driver’s seat. He was always professional and dedicated to my case. We set goals together at the beginning of the case, and by the end, he made sure each of them were met. If you need a lawyer for a tough case, I recommend Kaplan Law Firm.
— A.E., Unpaid Overtime (FLSA)
I reached out to Austin in hopes he could offer guidance with a difficult employment situation which had me feeling helpless and depleted. In my initial meeting with Austin, he offered insight into employment law confirming my suspicions that my employer was not acting in compliance with legal expectations.
Austin was thorough, compassionate, and knowledgeable as he explained legal definitions and the implications associated with various potential actions I might engage. Through the course of the next several weeks as Austin and I worked together, he displayed rich creativity and a deep understanding of the art of both law and negations while always being open to collaborative discussion. Having Austin on my team offered me the support I needed to feel empowered and take action and, ultimately, led me to a resolution which feels both fair and absolute. I have already recommended Austin to several personal friends/colleagues and will continue to voice my support for Austin and his team.
— S.L., Severance Negotiation, Sexual Harassment, Retaliation
Austin Kaplan was indeed, very helpful in resolving a dispute I had with a restaurant, and his team helped as well to connect the dots in order to make this procedure an easy-going succession of discussions with the other party. From our first meeting, I knew Austin was a trustworthy man who carefully listened and guided me through the steps – a great lawyer who chooses just causes. Justice was served.
— Sam, Unpaid Wages
Austin Kaplan is a highly qualified attorney. Austin helped recover my unpaid wages from my employer after they gave me the run around for several months. After Austin got involved, it only took one week to recover my unpaid wages. Austin is a trustworthy and I was extremely satisfied with his representation.
— L.V., Unpaid Wages
I am a female C-level executive in technology. I was in a contract dispute with my former employer and needed assistance to recover compensation and benefits that were withheld. Austin did a great job explaining the law, laying out all my options, understanding my goals, and fighting to achieve them. The Firm kept me fully informed and up-to-date, and there was always someone available when I needed them. I highly recommend this firm.
— P.M., Executive Severance