Category: Age Discrimination

Does Age Discrimination Affect Who is Hired?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Facing Age Discrimination.

Age discrimination, also known as ageism, is discrimination against a person or a group of people based solely on their age. Ageism can happen to anyone, as aging is one thing that we call cannot control. Unfortunately, it happens quite frequently in the workplace, whether it is towards a long-time veteran at a job or someone fresh out of college trying to get into a particular field. People are subjected to age discrimination every day, even though it has been outlawed in the country for decades.

The Age Discrimination in Employment Act was passed in 1967, which protected applicants over 40 years old from ageism. Additionally, the Age Discrimination Act of 1975 protected those of all ages from discrimination. Despite this, age discrimination has been so prominent in the workplace that most people do not even know that it is illegal.

Recent studies by the American Association of Retired Persons (AARP) found discriminatory practices in the workplace for older workers during:

  • Hiring process: Ageism happens when an older applicant is overlooked for someone younger based solely on age.
  • At the workplace: Age discrimination happens when an older worker does not receive promotions or rewards or is harassed because of their age.
  • Termination: Forcing an older worker out because of their age or letting go a worker to make space for a younger worker.

Age discrimination has such a negative impact on all businesses that it is puzzling that there are so many cases of it. Many cases of age discrimination go unreported. Older workers face many stereotypes even to this day, despite their experience and productivity. Here are some myths that the older generation of workers face:

  • Employers who do not hire older workers lose out on the experience and intellectual property they have earned over the years.
  • Older workers are more confident and knowledgeable than younger workers but are thought of as over-the-hill or unable to keep up.
  • Older workers can help their younger counterparts learn the job instead of supervisors or bosses having to micromanage and waste productivity.
  • Age discrimination causes disloyalty and lowers employee morale. Many people like to work for companies that welcome all employees of all ages, not companies that push older workers out to bring in cheaper and younger workers.
  • Age discrimination causes an increase in employee turnover, which decreases any hope for success.
  • There is a myth that older workers are unable to learn newer technologies, and this affects online job searches. They may be disqualified from job applications as algorithms filter out applicants based on their age.

Recent research has shown that age discrimination also causes a decline in mental health, particularly amongst women. When an older worker cannot get hired or is overlooked for a promotion, or is let go because of their age, then that has an adverse effect on the individual’s finances. Financial trouble leads to depression and similar mental health issues.

Age discrimination does not just affect older workers, as younger workers face prejudices as well. Younger workers are not hired because of the stereotypes of not having enough experience or are too immature for the job. However, many studies have shown that older workers are hired far less than their younger counterparts.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Facing Age Discrimination

Age discrimination is illegal. If you are facing age discrimination in the workplace, you may be entitled to compensation. Contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. immediately. Our knowledgeable team has years of experience and can help you with your case right away. Call us at 215-574-0600 or fill out our online form for an initial consultation. With offices located in Philadelphia, we proudly serve all communities of South Jersey, Pennsylvania, and New Jersey.

Does Age Discrimination Still Exist in the Workplace?

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Workplace discrimination, including age discrimination, is wrong and illegal. Yet, age discrimination continues to happen to men and women across the United States every day. When it does happen, employees have the right to make their voices heard.

Age discrimination of employees over 40 years old is illegal according to the Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA). However, it is still seen today in many workplaces.

According to an AARP survey, around 25 percent of older workers have endured negative on-the-job comments related to their age. Around 3 in 5 older workers have either seen or experienced age discrimination. These figures show that the problem is relatively common. When so many older Americans are facing the possibility of age discrimination, there is a strong need for more training and regulation. At the same time, it is essential for people who believe they have been discriminated against to come forward.

Watch for Signs of Age Discrimination

Some examples of age discrimination include:

  • An employer denying a qualified applicant a chance to interview for a position because the applicant is older than other applicants.
  • An older employee is not given certain assignments or the chance for promotion because of their age.
  • Hearing age-related comments or insults.
  • Layoffs of older workers.
  • Your boss talks about how you are “too old” to do certain tasks or take on responsibilities.
  • Colleagues younger than you keep getting promoted or receiving raises, even though you are more than qualified.

If you have raised concerns with your employer only to be dismissed, you may find it helpful to at least talk with a lawyer to determine how to move forward. Age discrimination is wrong, and no business has the right to practice this kind of unfair treatment toward older job candidates or employees.

Is Age Discrimination Easy or Hard to Prove?

Like any case of workplace discrimination, age discrimination can be subtle and difficult to see at first, and it may be difficult to prove without the help of a lawyer. With that being said, you do not have to let age discrimination go by without at least getting advice from an employment lawyer.

A lawyer must prove a pattern of unacceptable behavior on the part of the employer or the employer’s representatives. Some ways to do this could be through the collection of emails and other written evidence pointing toward age discrimination. A lawyer may compel the employer through the legal discovery process to release internal documents, such as employee annual reviews, track records of the people who have been promoted, and other information.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Who Have Experienced Age Discrimination

Age discrimination still exists, and employees should recognize the signs. If you believe you have experienced age discrimination at work, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Call us at 215-574-0600 or contact us online to arrange an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What Are the Effects of Workplace Gender Discrimination?

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Gender discrimination in the workplace can have extensive and long-term effects on an employee’s emotional, and physical well-being. How discrimination affects an individual varies, depending on the employee’s perception and their response to the situation. Regardless, being discriminated against at work can be a very emotional and devastating experience and can impact an employee’s life in many ways.

No one likes to visit places that make them feel afraid, vulnerable, or uncomfortable. When that place is your work, it can be incredibly stressful. Some emotional effects of workplace discrimination include:

  • Feeling fearful, bullied, and unsafe.
  • Having low self-esteem, indecisiveness, and unable to trust your own judgement.
  • Feeling conflict, tension, and/or isolation with your coworkers.
  • Experiencing low-productivity or an inability to do your job.
  • Developing metal health issues, such as depression, anxiety, or substance abuse issues.

What Is Gender Discrimination?

Gender discrimination exists when a person is treated unfairly or differently based on their gender. Federal law prohibits discrimination based on sex, race, religion, and national origin under the Civil Rights Act of 1964, however, there are currently no federal laws regarding gender identity and sexual orientation. Recently, some states have begun to adopt their own interpretation of the Civil Rights Act in order to include discrimination protection based on sexual orientation and gender identity.

While discrimination based on race, sex, religion, and national origin has been illegal in the U.S. for decades, gender discrimination continues to exist, particularly for women of color and transgender women. Women continue to lag in salary compared to their male counterparts and not receive equal pay for equal work.

Although overwhelmingly experienced more by women, men can also be subject to gender discrimination in the workplace. It should also be noted that both men and women can perpetrate discrimination against coworkers.

What Are Some Examples of Gender Discrimination in the Workplace?

There could be many types of discrimination in a work environment, from unequal salaries to sexual harassment and feeling afraid at work. Here are a few examples of workplace gender discrimination:

  • Not being offered a position or being fired based on your gender.
  • Being paid less than a coworker of the other sex with the same job.
  • Being passed over for a promotion based on your gender and not your qualifications.
  • Denied employee benefits, including sick days and maternity or paternity leave based on your gender.
  • Being disciplined for a specific action, but a coworker of the other sex is not for the same action.
  • Receiving unwanted sexual harassment, sexual advances or requests, and inappropriate touching.

What if I Experienced Gender Discrimination?

Experiencing gender discrimination at work can be emotional and traumatic, and no one should feel that they must tolerate such conditions. As an employee, you are entitled to certain rights in the workplace.

If you think you are experiencing gender discrimination at work, there are steps you can take to protect yourself, including:

  • Reporting the incident to your supervisor, management, or the Human Resources (HR) department.
  • Documenting the discrimination, including where and when it happened. Be detailed and specific, including how it affected you and your ability to perform your job or how it affected your personal life.
  • Contacting an employment lawyer, especially if you have had no results from reporting the discrimination.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Subjected to Gender Discrimination

Workplace gender discrimination can affect an employee in many different ways. If you have suffered gender discrimination at work, you have employment rights. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you attain justice. Contact us online or call us at 215-574-0600 for an initial consultation today. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

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How Does Age Discrimination Affect Black Workers?

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Age Discrimination

Age discrimination can affect anyone, no matter their race. However, recent studies have indicated that black workers are affected by age discrimination at a higher rate than other races. Despite great strides in employment protection laws, there are still discriminatory hiring practices. Many black workers face discriminatory hiring issues, especially when they are younger and entering into the workforce. Despite strict laws against age discrimination, it still occurs on a regular basis.

Black workers in the United States have higher unemployment rates. There are many reasons for this, including discriminatory hiring practices. However, there are also more systemic issues that affect the unemployment rates among black workers. Black youth attend college at a lower rate, and in the fall of 2019, the unemployment rate for Black workers fell to the lowest level in 50 years. Additionally, there is still an issue of age discrimination among black workers.

Age Discrimination in Pennsylvania

In Pennsylvania, an employer cannot discriminate against an employee or potential employee because of their age. There are federal and state laws that protect older employees. The Pennsylvania Human Relations Act and the Age Discrimination in Employment Act protects workers who are 40 years old or older. In order to prove age discrimination, there are certain elements that must be met:

  • The employee is between 40 and 70 years old.
  • The employee was subjected to an adverse employment action, such as wrongful termination.
  • A younger employee filled the position that the older employee sought, even though the older employee was qualified.

If the employee can establish these elements, then the employer has to prove that a legitimate, non-discriminatory reason was the basis of the challenged employment action. This makes age discrimination cases difficult to prove. However, the employee can still win the case if they can show that the real reason for the adverse employment action is because of their age.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients Who Have Experienced Workplace Age Discrimination

Before you file an age discrimination claim on your own, the best course of action is to contact a lawyer. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the knowledge, skills, and resources to take on large employers. We have helped numerous employees get fair and just treatment in the workplace. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Law Firm Reaches Settlement with Former Associate in Age Bias Lawsuit

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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.

Time Warner Cable Employee Receives $334,500 in Damages after Proving Pretext for Age Discrimination

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Philadelphia employment lawyers represent clients in age discrimination cases.The Fourth Circuit affirmed the district court’s holding in favor of a terminated Time Warner Cable employee (Time Warner) who was subjected to age discrimination under the Age Discrimination in Employment Act (ADEA). Westmoreland v. TWC Administration LLC , 924 F.3d 718 (4th Cir. 2019). The jury awarded the employee $334,500 in damages.

The legal standard for establishing age discrimination under the ADEA is known as the McDonnell Douglas framework. The framework consists of a three-part test where the court engages in a burden-shifting analysis in order to determine whether an employee was fired because of his or her age. First, the burden is on plaintiff/employee to establish a prima facie case. Second, the burden shifts to defendant/company to give a legitimate, non-discriminatory reason for termination. Third, the burden is back on plaintiff/employee to prove that the reasons provided in part two are not true reasons for termination; rather, they were pretext for age discrimination.

Here, the dispute between the employee and Time Warner centered on the third part of the test, pretext. Time Warner stated that they fired the employee due to “trust and integrity issues” which resulted from the employee telling a subordinate to edit the date on a form. However, after the violation, the employee was told that it was a minor violation and that she would simply receive a “slap on the wrist”. Time Warner provided no other reasoning for why it fired the employee.

The Fourth Circuit held that the employee provided enough evidence of pretext where she showed that she was fired after 30 years of work with a satisfactory record, that her supervisor made a condescending, age-related remark after firing her, and where the violation that supposedly led to her termination was considered minor. The jury award of $334,500 was upheld because Time Warner could not provide a legitimate reason for the employee’s termination.

Philadelphia Employment Lawyers at the Law Office of Sidkoff, Pincus & Green P.C. Represent Clients in Age Discrimination Cases

If you or someone you know has been discriminated against at work because of your age, you are urged to contact the Philadelphia employment lawyers at the Law Office of Sidkoff, Pincus & Green P.C. To schedule a consultation, call us at 215-574-0600 or contact us online today. Our offices are conveniently located in Philadelphia, where we serve clients throughout Southeastern Pennsylvania and South Jersey.

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Abbott Laboratories Ordered to Pay $8M in Age Discrimination Case

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In an age discrimination case against the defendants, Abbott Laboratories and Abbot Laboratories Supervisor Kim Perez, a jury found in favor of the plaintiff, Luz Gonzalez-Bermudez, a former national sales manager who worked out of the company’s Puerto Rico office. The employee claimed she had been demoted, and her pay later cut, after a corporate reorganization in 2010.

Based on the evidence presented in court, the jury found that the defendants discriminated against the employee based on her age. As a result, the plaintiff was awarded $8 million in damages.

In 2016, the jury awarded the plaintiff $3 million from Abbott and $1 million from her supervisor in retaliation for age bias. However, under the applicable provisions of federal and local age bias laws, the U.S. District Court for the District of Puerto Rico doubled the awards, bringing the total awards to $6 million against Abbott Laboratories and $2 million against the plaintiff’s supervisor.

Other Employee Demotions and Abbott’s Willful Conduct

According to the Court, the defendants waived their right to challenge the finding that Abbott’s conduct was willful, because they failed to raise the issue earlier in the case. If the defendants had done so, they may have been able to convince the jury that other employees were also demoted during the same time period, two of whom were younger than the plaintiff.

However, while the plaintiff and two other employees were bumped to lower pay grades, the plaintiff was the only one whose pay was reduced a third time. This brought her salary lower than what she agreed to accept as part of the reorganization.

The two other employees, who were 12 and 9 years younger than her, continued to be paid within the level that they accepted.

The Court also found that the plaintiff’s new position involved a great deal of responsibilities without help from any of the 28 employees who she managed in her previous position. She also had a track record of positive performance reviews before the reorganization.

In her new position, the plaintiff received a poor performance rating, which was orchestrated by her supervisor. Additional evidence suggested that the plaintiff was demoted, denied promotions, and given unfairly negative reviews as retaliation after complaining about age discrimination.

As a result, the Court declined to overrule the jury. The jury also awarded the plaintiff $250,000 in back pay.

The defendants subsequently filed motions for a new trial, reduced damages, or to alter or amend the judgment are still pending.

Philadelphia Employment Discrimination Lawyers at the Law office of Sidkoff, Pincus & Green P.C. Represent Victims of Age Discrimination

If you or someone you know has been discriminated against due to your age, it is in your best interest to contact the Philadelphia employment discrimination lawyers at the Law Office of Sidkoff, Pincus & Green P.C. We will protect your rights and secure that maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are conveniently located in Philadelphia, where we serve clients throughout Southeastern Pennsylvania and South Jersey.

Former Manager Fails to Show That Her Former Employer’s Reasons for Termination Were Based on Any Discriminatory Motive

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The Superior Court of Pennsylvania in Ferraro v. Temple University held that Plaintiff failed to show that the legitimate reasons for employee’s termination were pretext for any discriminatory motive. 185 A.3d 396 (Pa. Super. 2018). Plaintiff worked as a manager of patient accounting and was fired at the age of sixty-two for violating another, much younger, employee’s FMLA rights and issuing the same employee an improper citation.

In order to succeed under a claim for age discrimination, Plaintiff had to establish: (1) she belonged to a protected class (at least 40 years old); (2) was qualified for the position; (3) was dismissed despite being qualified; and (4) suffered dismissal under circumstances giving rise to an inference of discrimination. Plaintiff argues that the younger employee was given preferential treatment and that she was terminated because of her age. The Court agreed that Plaintiff had established the four elements for age discrimination, but nonetheless ruled in favor of Temple because Plaintiff failed to establish that Temple had terminated her due to her age and not for any other legitimate reason such as her leaving work early to care for her young child. Plaintiff, although the trial court did not find Temple’s reasons credible, did not prove the termination was done in a discriminatory manner.

For more information, call our employment lawyers in Philadelphia at 215-574-0600 or contact us online. The legal team at the Law Offices of Sidkoff, Pincus & Green represents clients in Pennsylvania and New Jersey.

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Supreme Court Ruling States That ADEA Applies to Public Employers with Less Than 20 Employees

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A new unanimous ruling by the United States Supreme Court in Mount Lemmon Fire District v. Guido states that all public employers in every state must now comply with the Age Discrimination in Employment Act (ADEA), regardless of how many or how few individuals the organization employs.

Prior to 1974, the ADEA only applied to private employers, which meant that employees of public entities were not protected by law against age discrimination. In 1974, Congress amended the ADEA to include a wider range of employers. Specifically, Congress modified the definition of “employer” to include public employers that had twenty or more employees. However, since the amendment was made, courts interpreted the definition in ways that prevented certain states and political subdivisions from being subject to the ADEA.

In Mount Lemmon, two seasoned fire fighters from Mount Lemmon, Arizona were terminated after budget cuts. The two firefighters claimed that they were discriminated against due to their age, and that the fire department was in violation of the ADEA.  The Equal Employment Opportunity Commission (EEOC) agreed, but the federal district court found in favor of the fire department, because it was a public employer with fewer than 20 employees.

The 9th Circuit Court of Appeals reversed the ruling, stating that the language of the ADEA created a distinction between a “person” employer, who must have at least twenty employees, and a public employer, to whom the 20 employee threshold does not apply. Other circuit courts likewise found the language ambiguous. The Supreme Court granted a review of the case due to the circuit split.

The key issue in the case had to do with the phrase “also means” in the definition clause, and whether it added new categories of employers, or simply clarified the employees mentioned in the clause. The firefighters argued that the wording added new categories of employees, while the Fire District claimed that the language clarified the term “person” to include any organized group of persons, which includes state and local employers.

The Supreme Court found that the phrase, “also means” is additive in nature. As a result, state and political subdivisions are considered an additional category of employers, and thus do not need to satisfy the 20 employee threshold.

Philadelphia Employment Lawyers at the Law Office of Sidkoff, Pincus & Green P.C. Represent Clients in Age Discrimination Cases

Philadelphia employment lawyers at the Law Office of Sidkoff, Pincus & Green P.C. protect employees who have been discriminated against due to their age. To set up a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we represent clients in Pennsylvania and New Jersey.

Google Sued for Age Discrimination

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More than 200 Google employees have filed a class action lawsuit against the tech giant. They claim the company violated the Age Discrimination in Employment Act by hiring younger candidates over older, equally qualified individuals. Each of the plaintiffs involved in the lawsuit is 40 years of age or older, which they claim was the reason why they were not hired. Google agreed to pay an undisclosed amount to each of the plaintiffs, but the parties have not yet settled on the non-monetary component of the settlement.

The lawsuit, which was originally filed in 2015, alleged that if an older worker applied for the same position as a similarly qualified younger worker, Google was less likely to hire the older worker based on age. In fact, one plaintiff claimed that she was told to include her graduation date on her resume so that the Google recruiter could determine her approximate age. This is a violation of federal law. According to Google employees, there is also a widely known internal code word, known as “Googleyness,” that is used to describe young employees. Google agreed that the term exists, but that it refers to other factors, like the ability to accept constructive feedback and the ability to be a team player.

Google went on to defend itself by saying that its company handbook addresses age discrimination and the fact that it is against the law to withhold employment to an individual based on age. However, the Court case was more interested in the company’s employment track record than what is written in Google’s handbook.

In addition, the Department of Labor found incidences of “extreme” age discrimination at Google after it conducted its own investigation. This may have been a factor in Google’s decision to settle.

Any employee who feels that he or she has been discriminated against based on age, gender, religion, sexual orientation, or any other protected class is urged to contact a reputable employment lawyer. The law protects victims of age discrimination and all other forms of employment discrimination.

Philadelphia Employment Lawyers at the Law Office of Sidkoff, Pincus & Green P.C. Represent Clients in Age Discrimination Cases

If you or someone you know has been discriminated against at work because of your age, you are urged to contact the Philadelphia employment lawyers at the Law Office of Sidkoff, Pincus & Green P.C. To schedule a consultation, call us at 215-574-0600 or contact us online today. Our offices are conveniently located in Philadelphia, where we serve clients throughout Southeastern Pennsylvania and South Jersey.