Age discrimination in the workplace
Age discrimination is a problem throughout the country, including here in Pittsburgh. The U.S. EEOC tracks discrimination charges by state, with Pennsylvania having a rate of 24.8% in 2017. Those who believe they are the victim of these practices may qualify for legal remedies including back wages and reinstatement of a position. Contact an experienced age discrimination or wrongful termination attorney to discuss your options.
Choosing not to hire or to terminate employment based on advanced age is not just rude, it is illegal. This type of act likely qualifies as age discrimination and is often illegal under both state and federal laws. Unfortunately, many reports are finding that age discrimination is a common occurrence throughout the country.
Individuals who are 40 years of age or older are protected from discrimination by the Age Discrimination in Employment Act (ADEA), a federal statute that applies to employers with 20 or more employees. Discriminatory practices can occur in the hiring, firing, promoting, layoffs, training, job assignments, or offering of fringe benefits as well as any other term or condition of employment. It is also illegal to harass an employee based on his or her age. This includes offensive remarks about age that are frequent and severe enough to create a hostile working environment.
The Pennsylvania Human Relations Act (PHRA), a Pennsylvania statute, also prohibits age discrimination in employment against employees and job applicants who are 40 years of age and older. The PHRA applies to employers with four or more employees. However, it does not cover law enforcement agencies, federal agencies and certain other entities.
The City of Pittsburgh and Allegheny County also have protections and remedies for people who experience age discrimination.
A charge, or complaint, alleging age discrimination may be filed with the federal Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). The PHRC requires that a charge be filed within 180 days of the alleged unlawful practice, while the EEOC’s deadline is 300 days. You can file with either agency but you may want to consult with an attorney to help you with the process.
Contact our Pittsburgh employment lawyers today or call (412) 338-1195 to see if we can help with your employment situation.