Your Age Is Not a Legitimate Job Criterion
Georgia ADEA Attorneys: Lawsuits for Age Discrimination in Employment
It is illegal for employers to discriminate on the basis of a person's age in hiring decisions, in job duties, in pay or benefits, or in layoffs or termination. Nonetheless, age discrimination is quite real and still prevalent, despite specific federal legislation and the penalties to employers.
The employment litigation attorneys of Feldman, Fox & Morgado, P.A., stand up for workers or job applicants who were disregarded for openings or dispatched from employment solely or chiefly because of their age. We will vigorously pursue monetary damages for the wrongful treatment or other remedies such as reinstatement or promotion.
Standing Up Against Age-Based Employment Discrimination
If you believe you were bypassed or mistreated by an employer on the basis of your age,
contact us to explore your legal options. We take cases in the Greater Atlanta area and throughout North Georgia.
Age Discrimination in Hiring or the Workplace
Two federal laws protect employees and job seekers over the age of 40:
- The Age Discrimination in Employment Act ( ADEA) of 1967 prohibits discrimination on the basis of age in hiring, compensation, benefits, job assignments, training, promotions, layoffs or termination. Employers cannot make age a condition of advertising for applicants, and cannot ask an applicant's age or date of birth without a legitimate reason.
- The Older Workers Benefit Protection Act ( OWBPA) of 1990 specifically prohibits employers from denying benefits to over-40 workers. However the government recognizes that it may cost more to provide certain benefits to older workers; thus employers are allowed under certain criteria to reduce or cap benefits to older workers.
Atlanta Age Discrimination Attorneys
Age discrimination can be subtle and hard to prove. To prevail in a lawsuit, it must be demonstrated that age — and not other factors — were the basis for failure to hire, failure to promote or the decision to terminate employment. Our trial lawyers have the experience and legal acumen to reveal patterns of age discrimination and uncover evidence specific to our client's case. Did a younger candidate with less experience get the job? Did that person have the stated qualifications? Did others overhear derogatory comments about age or did the supervisor/employer leave an e-mail trail?
We represent clients before the Equal Employment Opportunity Commission (EEOC) or the Georgia Human Relations Commission (HRC). Some cases are resolved at this level through a settlement with the employer. If not, we seek clearance from the EEOC/HRC to file suit in state or federal court. Founding attorney Mitchell Feldman is a member of State Bar of Georgia and oversees our Atlanta law office.
Mr. Feldman and the legal team of Feldman, Fox & Morgado will pursue your maximum compensation under the law, such as back pay and benefits, front pay (what you would have earned if you got the job or continued working there), damages for infliction of emotional distress, and attorney's fees.
North Georgia, Atlanta and Decatur Employment Discrimination Attorneys
For more information or to schedule an appointment with an experienced employment litigation attorney, please contact our Atlanta office for a free consultation.
