Age Discrimination

The Scharfman Law Firm, PLLC represents clients in age discrimination claims all over Texas and the United States, and is an aggressive advocate for our clients and their rights. We are committed to helping employees fight for their rights when they have been unlawfully discriminated against because of their age.

Under the Age Discrimination in Employment Act of 1964 (“ADEA”), which applies to employers with 20 or more employees, and the Texas Commission on Human Rights Act, which applies to employers with 15 or more employees, individuals who are 40 years of age or older are protected from discrimination in employment; including but not limited to:

  • Hiring and firing;
  • Compensation, assignment, or classification of employees;
  • Transfer, promotion, layoff, or recall;
  • Job notices and advertisements stating age preference and limitations, unless age has been proven to be a bona fide occupational qualification;
  • Recruitment;
  • Testing;
  • Use of company facilities;
  • Training and apprenticeship programs;
  • Fringe benefits;
  • Pay, retirement plans, and disability leave;
  • Denial of benefits on the basis of age, unless the cost of providing the reduced benefits is the same as providing such benefits to younger workers;
  • Harassment/hostile work environment on the basis of age; or
  • Other terms and conditions of employment

(Federal Laws Prohibiting Job Discrimination Publication; Questions and Answers: Equal Employment Opportunity Commission – as to the ADEA)

Certain filing deadlines and statutes of limitations apply to these claims.

 

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