Age Discrimination Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on behalf of you and your loved ones to receive just compensation for your damages.
Age Discrimination Attorney
In many cultures, older people are respected for their knowledge, wisdom and life experience. However, in the youth-driven culture of the United States, older workers may be devalued or even marginalized. At times, older workers may even be the victim of age discrimination. The truth is that employers may determine that hiring younger employees may save them money in the short-term, without recognizing the value that older workers bring to the table.
Discriminating against a worker because of their age is against the law.
The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that protects individuals 40 years of age or older from age discrimination in the workplace. These protections include discrimination that may occur in the course of hiring, firing, training, promoting, pay and benefits and other workplace activities.
The lawyers at Hernandez Law Firm understand age discrimination cases and the consequences for victims both personally and professionally. Both women and men may experience demeaning and humiliating consequences of age discrimination in the workplace and deserve fair representation and justice. Our lawyers have handled numerous age discrimination actions with excellent results recovering damages on behalf of older employee victims who have suffered age discrimination in the workplace.
If you believe your employer has treated you unfairly due to your age, contact the age discrimination lawyers at Hernandez Law Firm about filing a lawsuit or an EEOC complaint.
Who the ADEA Protects
The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees who are 40 years of age or older from employment discrimination based on age.
Who the ADEA Covers
The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government.
Actions Prohibited By the ADEA
Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Harassing an older worker because of age is also prohibited.
It is also unlawful to 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.
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
ADEA protections also include:
Advertisements and Job Notices
The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the normal operation of the business.
It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.
The ADEA does not explicitly prohibit an employer from asking an applicant's age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, contrary to the purposes of the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired.
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs might create a disincentive to hire older workers. In limited circumstances, an employer may be permitted to reduce certain benefits based on age, as long as the cost the employer incurs to provide those benefits to older workers is no less than the cost of providing the benefits to younger workers.
Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a comparable state-sponsored health benefit.
Waivers of ADEA Claims or Rights
The ADEA sets specific requirements that permit waivers of claims or rights in certain circumstances. Waivers are common in settling discrimination claims or in connection with exit incentive or other employment termination programs. To be valid, the waiver must meet minimum standards to be considered knowing and voluntary. Among other requirements, a valid ADEA waiver must:
- be in writing and be understandable;
- specifically refer to ADEA rights or claims;
- not waive rights or claims that may arise in the future;
- be in exchange for valuable consideration in addition to anything of value to which the individual already is entitled;
- advise the individual in writing to consult an attorney before signing the waiver; and
- provide the individual with a certain amount of time to consider the agreement before signing:
- For individual agreements, at least 21 days,
- For "group" waiver agreements, at least 45 days,
- For settlements of ADEA discrimination claims, a "reasonable" amount of time.
If an employer requests an ADEA waiver in connection with an exit incentive or other employment termination program involving a group, the minimum requirements for a valid waiver are more extensive. See Understanding Waivers of Discrimination Claims in Employee Severance Agreements" at https://www.eeoc.gov/policy/docs/qanda_severance-agreements.html
The Compensation You Deserve
If you feel you have been discriminated against based on your age or your rights have been violated by an employer or potential employer in Texas, the Hernandez Law Firm will thoroughly investigate your age discrimination claim and will work with you and all parties involved to arrive at a settlement or proceed to trial to obtain the compensation you deserve.
We are dedicated to protecting your rights and seeking justice for older victims of age discrimination in the workplace.
Call Us Today for a FREE Age Discrimination CONSULTATION!
How We Handle Your Case
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, documents and all other available evidence. We also speak directly to any other potential victims and bring in experts if necessary, to understand the details of the termination.
We also gather evidence about your damages. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include lost pay, lost benefits, emotional distress, punitive damages and attorney fees.
We thoroughly review your case to determine the full extent of damages that may be available to you and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the employer that they need to take this matter seriously. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, wrongful termination cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the employer and their counsel do not believe wrongful termination occurred, or that the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Employers are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Age Discrimination Seriously
Our lawyers take age discrimination very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that age discrimination cases often have significant consequences that affect victims and their families and loved ones in many ways. Loss of income, loss of benefits and emotional distress all have serious consequences.
When appropriate, we will hire experts and consultants to help evaluate the evidence to determine damages. We will take witness depositions and retain any experts to establish that wrongful termination occurred.
The lawyers at the Hernandez Law Firm represent clients from all over Texas. Our lawyers understand the details of federal laws such as the Age Discrimination in Employment Act (ADEA) and the Older Worker’s Benefit Protection Act (OWBPA), as well as laws and protections provided by the state of Texas and local protections that may apply to your potential age discrimination claim. Our lawyers have the experience and expertise necessary to determine the validity of an age discrimination claim under federal and local laws and will file and pursue all appropriate claims and to recover all remedies and/or monetary compensation available.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.