Philadelphia Discrimination Lawyers

It is unlawful to discriminate against or harass someone because of his or her age. A person over 40 is considered to be in a protected classification under the Age Discrimination Employment Act (ADEA). Under this law, employers are forbidden to make decisions regarding hiring, promotion, demotion, termination, compensation, job training, or other terms or conditions of employment based on an employee’s age. Age discrimination is also prohibited under the Pennsylvania Human Rights Act.

Age discrimination diminishes a person’s sense of self worth in much the same fashion as race or sex discrimination. The examples of unlawful discrimination and harassment because of age include:

• Denial of employment, denial of advancement or termination because of age.
• Making jokes or unwanted comments to an employee older than 40.
• Assignment of undesirable or demeaning work to older workers.
• Paying older workers less than younger workers for the same work.
• Denying training, education or other benefits to older workers.
• Making a job more difficult for older workers to encourage them to quit.

Many companies have policies regarding any discrimination or harassment in their company handbook. Likewise, they may have reporting requirements, which mandate that you follow a certain procedure to request that the company take action to stop harassment, discrimination and/or retaliation. You should follow those procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal rights.

You have to act promptly.

You have a limited time period in which to bring a claim for age discrimination. You can file a claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act within 180 days of the last act of discrimination or harassment. The same holds true for filing a State claim with the Pennsylvania Human Relations Commission (PHRC). However, if you have filed a claim with the PHRC within 180 days of the last act of discrimination, you can file a claim with the EEOC within 300 days of the last act of discrimination.

Finally, you must file a claim with these agencies before you can file a lawsuit.