Pryor Cashman LLP reached a settlement with a former associate who claimed that the law firm unfairly terminated his employment after 18 years on the job. The associate claimed that the law firm fired him because of his age, and that they were in violation of the Age Discrimination Act (“ADA”). The law firm argued that he was fired because of his performance, which was considered adequate for most of his time at the firm but had taken a noticeable turn for the worse. According to the members of the firm, he developed a negative, often arrogant attitude.
What is Age Discrimination?
If an employer treats an employee, or a prospective employee, unfavorably due to their age, it is considered age discrimination. This generally applies to employees who are over the age of 40. The Age Discrimination in Employment Act (“ADEA”) states that employers may not discriminate against individuals who are 40 years of age or older. Employees who are under the age of 40 are not protected under the ADEA, unless their state allows it. In addition, it is not considered illegal if an employer treats an older worker more favorably than a younger one, even if both individuals are over the age of 40. According to the ADEA, employers may not discriminate based on age in any aspect of the employment process, including hiring, salary amount, job responsibilities, promotions, training opportunities, benefits, and any other terms or conditions of employment.
Examples of Age Discrimination
Age discrimination can be obvious and offensive, or it can be subtle, but equally disturbing. Examples of age discrimination include the following:
- Offensive comments about a person’s age
- Not getting an interview because of an applicant’s age
- An employer terminates older workers during company layoffs
- Turning down older employers who request promotions
- Firing older workers so that employers can hire younger workers and pay them less
- Calling older workers names based on their age
- Recruiting only prospective employees who are under the age of 40
Age discriminators can range from a victim’s supervisor or a co-worker to a client or a customer. Any employment policy or practice that has a negative impact on employees or applicants who are 40 years of age or older can be considered illegal. The only exception is if the policy or practice is based on a reasonable factor other than age.
Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. represent victims of Age Discrimination
If you or someone you know was discriminated against at work due to age, you are urged to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at your earliest convenience. Protecting your rights is our top priority and we will work tirelessly to obtain the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.