Phoenix Age Discrimination Lawyer

When searching for or retaining employment, your age cannot be a deciding factor for employers. Everyone who is willing has a right to work in Arizona, regardless of their age. The Foster Group will help you fight to protect that right. 

If you feel that you have been discriminated against due to your age, call us today and let us evaluate your case and get started defending your rights! Your initial consultation is free

Age Discrimination in Employment Act: A Federal Law

The Age Discrimination in Employment Act (ADEA) is a federal law that protects job applicants or employees from discrimination based on their age. This protection means that both applicants and employees cannot be treated differently than those younger than them based only on their age. However, this act only protects those 40 years of age or older. 

What Protections Does ADEA Provide to Older Workers?

The ADEA protects workers over the age of 40 from a variety of age-related discriminations. These can include:

  • Discrimination based on age; including:
    • Hiring: Having a younger candidate selected for the position based only on their age
    • Firing/Layoffs: Being fired or laid off due to age
    • Promotions: Being looked over due to your age, and the promotion going to a younger candidate
    • Pay: Being overlooked for raises due to your age
    • Training: Not receiving proper or new training for your position due to age
    • Benefits: Having your benefits decreased or canceled due to your age 
    • Any other term and condition of employment within the company that is changed based only on the fact that you are at least 40 years of age or older
  • Harassment based on age, including but not limited to 
    • Joking about the employee’s age
    • Rude or derogatory comments about their age
    • Any other action pertaining to their age that makes a hostile work environment.
  • Any policy put in place at a company that would negatively impact a person based on their age. 

These examples are just some of the protections created by the ADEA. The Foster Group is skilled at discerning when an age discrimination case is viable. Our Phoenix age discrimination attorneys will work with you to prove your case and get you the best possible outcome based on your circumstances.

Does the State of Arizona Protect Older Workers? 

The Arizona Civil Rights Act adopts and references many of the same protections awarded by federal employment laws such as the ADEA. Yet, there are some differences. While these protections are in place, they only apply to resident citizens. To learn more, schedule your free consultation with our Phoenix age discrimination attorneys.

Proving Age-Based Discrimination in Phoenix: What to Do Next

Proving an age-based discrimination claim can be a difficult task. Hiring the skilled age discrimination lawyer at The Foster Group to evaluate and build your case can take the stress off of you. 

If we find that you do, in fact, have a case for a lawsuit based on age discrimination, we will help you file a complaint with the Equal Employment Opportunity Commission as well as with the State. There are highly specific deadlines that must be adhered to in order for your claim to be valid.

Once you have filed the complaint with the EEOC, they will begin an investigation into the claim. Upon conclusion of their investigation, you will receive a “Right to Sue” form. While this form can be issued, it is not required to file a lawsuit. The Foster Group can then file a federal lawsuit against your employer. This suit can be filed 60 days after you have filed the complaint, but not more than 90 days after the EEOC has concluded its investigation. 

This federal lawsuit may allow us to recover compensation that is due to you, and that you are requesting. This can look like:

  • Reversing the decision to lay off or fire you, perhaps even reinstating your employment within the company at the same position and pay that you were receiving upon termination
  • Back pay for any time that you were not employed due to the discriminatory action
  • Being hired for the position in which you were denied due to age
  • Any legal or court costs associated with your claim and lawsuit

Contact The Foster Group Today for Your Free Consultation

The skilled age discrimination attorneys in the Phoenix office of The Foster Group are prepared to hear your story and evaluate your case. We understand that discrimination still happens even with the protections afforded to you by the federal and state governments. We will fight the hard fight for you, taking as much stress off your shoulders as we possibly can. Contact us today for your initial consultation. Let us fight for you.