EMPLOYMENT LAW:
AGE DISCRIMINATION
Age discrimination in the workplace is illegal. In Washington, workers have a right to a workplace free of discrimination based on membership in a “protected class,” which includes age. The state and federal age discrimination statutes generally protect employees who are 40 years of age or older from discrimination with respect to hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. The law also protects you from retaliation if you report unlawful discrimination – either directed at you or at someone else.
Companies wrongly assume that older workers are less productive, more expensive, or “out of touch” with new technologies. Too often, these mistaken ideas lead to illegal decisions that single out older workers for unfair treatment. At Schroeter Goldmark & Bender, we fight for workers’ rights, and we hold companies and government agencies accountable when they violate the law. We may be able to help you recover your lost wages and benefits as well as compensation for discriminatory treatment.
When to file
For certain employment discrimination claims under federal law, you must first file a charge with a state or federal agency before you can file the claim in court. The deadline for filing such a charge is typically within 300 days of the unlawful discrimination. If you fail to file a charge with one of these agencies, you may be forever barred from bringing the claim before a judge or jury. SGB can represent you in this process and ensure that your claims are preserved.
Some companies have procedures for reporting discrimination or harassment in the workplace. If you believe you have been the victim of discrimination or harassment, you should follow the procedures outlined by the company and document your actions in writing. This step is often required before you can file a lawsuit, and it also helps create a “paper trail” of what has occurred. Similarly, if you are a member of a union, you should consult with your union representative about filing a grievance to challenge the adverse action taken against you.
If your working conditions have become so intolerable due to harassment or a hostile work environment, you may be able to resign and still preserve your claims for wrongful termination and “constructive discharge” against your employer. However, if you are considering quitting your job, we strongly advise that you speak to an experienced employment lawyer first.
Let us help you
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Aggressive counsel. At SGB, we have the resources and expertise to take on large, well-funded corporations and government agencies, yet we are small enough to give our clients personal, thoughtful representation. SGB has a long-history of success trying employment cases; and our opponents know that we aren’t afraid to bring cases before the jury. This means that we are prepared to try your case when settlement negotiations fail to yield a fair result.
Deep experience. We know how to prove discrimination in the face of an employer’s excuse for poor treatment. Age discrimination in the workplace can occur in subtle ways. Companies may say that the adverse decision affecting you is due to “the economy” or “corporate restructuring,” but you may recognize age discrimination when, for example, younger employees with similar or less experience than you are treated more favorably in training and advancement opportunities.
Understanding of the law. Not all unfair treatment is illegal. For example, your company can fire you because the boss doesn’t like you. The company’s conduct or decision is not illegal unless it is motivated by a person’s status as a member of a protected group (e.g., because the employee is female, or Hispanic, or gay, or a person with a disability). We are experienced in making these distinctions and can advise you as to whether you have a claim.
If you would like to consult with us about your case, it is helpful to gather any documents you have related to your employment, e.g. pay stubs, policy manuals, employment contracts, termination papers, etc. These documents are often critical in evaluating a potential case.
- $507,000 verdict in an age discrimination and wrongful termination case brought against a Seattle, Washington fish processing company.
- Large confidential settlement for a bank officer who claimed age and disability discrimination.
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