Pittsburgh age discrimination lawyer

A top Pittsburgh age discrimination lawyer can help you with your age discrimination case. Age discrimination is so prevalent in the United States that we’ve become accustomed to it. If you walk into any Hallmark store and go to the birthday card section, you will see dozens of cards about aging. “Turning 50 is something we all must face sooner or later. You sooner, me later.” If you go to Macy’s and head to Cosmetics, you will see hundreds of products designed to minimize and hide the effects of aging.  If you turn on the television, you will see show after show depicting young, beautiful people leading fun and exciting lives. When older people are displayed, they are stereotyped based on age; think Martin Crane on Frasier, Dana Carvey’s “Grumpy Old Man” on SNL, or Abraham Simpson on The Simpsons. 

Age is one of the first characteristics we notice about other people, and ageism is the most socially condoned form of discrimination in America. Research shows older people are stereotyped as warm but incompetent and are viewed in about the same way as people consider the mentally disabled.

Age discrimination at work can take the form of stereotypes. Ageist stereotypes include perceptions that older workers are nags, unable to change, forgetful, unproductive, decrepit, cranky, weak, verbose, cognitively slow, sleepy, and unhappy. These stereotypes are the cognitive precursors to termination decisions based on age.

If you are over 40 years of age, have been a good performer and have suddenly found yourself out of a job, you may be a victim of age discrimination in employment. The federal Age Discrimination in Employment Act (ADEA) protects employees over the age of 40 age discrimination.  Age discrimination can include situations where:

1. You were not hired because the employer wanted a young person.
2. You were given a negative performance evaluation because you weren’t “flexible” in taking on new projects.
3. You were fired because your boss wanted to keep or hire younger workers.
4. You were turned down for a promotion, which went to someone younger hired from outside the company because the boss says the company “needs new blood.”
5. When company layoffs were announced, most people laid off were older, while younger workers with less seniority and less on-the-job experience were kept on.
6. Before you were fired, your supervisor made age-related remarks about you, such as being “over the hill” or “ancient.”

If any of these things have happened to you on the job, you may have suffered age discrimination.

Under the ADEA, it is unlawful to discriminate against a person because of their age concerning any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. As a result, the following practices are also illegal:

1. An employer cannot retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
2. An employer may not include age preferences, limitations, or specifications in job notices or advertisements.
3. Nothing in the ADEA specifically prevents an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose rather than for a purpose prohibited by the ADEA.

Under the ADEA, there has to be a valid reason — not related to age — for all employment decisions. Examples of good reasons include poor job performance or an employer’s economic trouble. In the case of layoffs, a company cannot use age as the basis for determining who is laid off and who is kept on. Suppose most people who are laid off are 40 or older, and the majority of workers kept on are younger. In that case, there may be a basis for an ADEA complaint or lawsuit, especially if the employer has hired younger workers to take the places of workers over 40.

A valid reason other than age a company may use to justify hiring a younger worker is that the younger worker has less experience and a lower salary history and may be willing to work in the same job for a lower salary than the older worker. If the company bases the hiring decision on this reason, it is not illegal. However, an older worker cannot be terminated because the company, either currently or shortly, will be required to pay retirement or more costly insurance benefits (see the next section).

Victims of age discrimination can recover remedies, including:

1. back pay
2. hiring
3. promotion
4. reinstatement
5. front pay
6. liquidated damages (up to twice the amount of back pay) may be  awarded in the event of a “willful” violation if the employee   proves that the employer knowingly violated the ADEA or acted in   “reckless disregard” of its provisions
7. other actions will make an individual “whole” (in the condition they would have been but for the discrimination).

Remedies also may include payment of:

1. attorneys’ fees
2. expert witness fees and court costs

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer may also be required to take corrective or preventive actions to cure the source of the identified discrimination, minimize the chance of its recurrence, and discontinue the specific discriminatory practices involved in the case. State law may allow for more powerful or different remedies than federal law. For more information, see this page on state age discrimination laws.

If you are over 40 years of age, have been a good performer and have  suddenly found yourself out of a job, you may be a victim of age  discrimination in employment. The federal Age Discrimination in  Employment Act (ADEA) protects employees over the age of 40 age  discrimination.  Age discrimination can include situations where:

1. You were not hired because the employer wanted a young person for the job.
2. You were given negative performance evaluation because you weren’t “flexible” in taking on new projects.
3. You were fired because your employer wanted to hire younger workers.
4. You were turned down for a promotion, which went to someone younger  hired from outside the company because the boss says the company “needs  new blood.”
5. When company layoffs are announced, most people laid off were older,  while younger workers with less seniority and less on-the-job  experience were kept on.
6. Before you were fired, your supervisor made age-related remarks about you, such as being “over-the-hill” or “ancient.”

If any of these things have happened to you on the job, you may have suffered age discrimination.