Atlanta Age Discrimination Attorneys
Strong advocacy for older Georgia employees who are fired or experience workplace discrimination
One would think that employers would be happy to have experienced, older workers on the payroll, especially since the American workforce is aging rapidly. Unfortunately, this is not always the case in today's job market. With the graying of America, age discrimination has become one of the fastest-growing types of employment discrimination claims in the United States. One of the most common reasons employers discriminate against older workers is because the employers can pay younger workers less money.
Fortunately, you can do something about age discrimination. At Buckley Bala Wilson Mew LLP, we’ll explain if your claim qualifies. Our Atlanta age discrimination lawyers help you obtain the evidence you need to show your employer terminated your job or adversely affected your employment due to your age. We’ve helped many employees throughout Georgia obtain strong recoveries.
This was my first time having to seek legal counsel on an employment issue so I was a bit nervous about the process. I was referred to Ed Buckley by a friend I respect and trust, and one that has over 20 years of experience in law. Mr. Buckley made the process much less intimidating for me. Many thanks to Mr. Buckley and team for helping me. I'd definitely hire them again. – Google review
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How can we help?
- What discrimination laws protect older workers in Georgia?
- What are my rights if I signed a waiver releasing my claim against my employer?
- Where is my Atlanta age discrimination claim heard?
- What damages do your Atlanta age discrimination attorneys demand?
- Do you have an age discrimination attorney near me?
What discrimination laws protect older workers in Georgia?
Because Title VII of the Civil Rights Act of 1964 does not cover age discrimination, Congress passed a separate law dealing with age discrimination – the Age Discrimination in Employment Act of 1967 (ADEA) – to make age discrimination illegal. ADEA protects workers aged 40 and older who suffer workplace discrimination from covered employers. ADEA also prohibits different types of employer practices (and the practices of employment agencies, labor organizations, and other workplace entities). Under this law, it is unlawful for an employer to:
- Refuse to hire, fire, or adversely affect an employee’s work because of the employee’s age.
- Deny or limit an employee’s opportunities by segregating or classifying them based on age.
- Lie about the employee’s age in order to “comply” with the law, i.e. state an employee is 39 when they’re 42.
ADEA also applies to older workers who suffer age harassment, which typically involves hostility or abuse directed at you by other employees because of your age. It also protects employees when employers retaliate against you for complaining about age discrimination or for participating in someone else's age discrimination case.
What are my rights if I signed a waiver releasing my claim against my employer?
The Older Worker Benefit Protection Act amended the ADEA to give over-40 employees special protections when they are asked to sign a waiver or release of claims. If you are over 40 and are offered a settlement of an age discrimination claim, your employer must take extra steps to ensure that any release or waiver you enter into is knowing and voluntary.
Any release or waiver must:
- Be in writing and be understandable
- Specifically refer to your ADEA rights or claims
- Not waive any rights or claims that may arise in the future
- Be in exchange for valuable consideration given to you
- Advise you to consult an attorney before signing the waiver; and
- Provide you at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.
Furthermore, if you are over 40 and are selected for some form of exit incentive program or buyout, your employer must provide you with a detailed disclosure of the ages and job titles of all employees that were eligible for the program and all employees that were in fact selected for the program.
Where is my Atlanta age discrimination claim heard?
If you suffer workplace discrimination due to your age, in most cases, you have the right to file a civil action in federal court for legal and equitable relief. However, before you file suit, you must first file a charge of discrimination with the Equal Opportunity Employment Commission (EEOC) within 180 days of the alleged unlawful practice. Our Atlanta age discrimination lawyers will guide through the EEOC’s investigative process and explain if other deadlines apply in your particular case.
What damages do your Atlanta age discrimination attorneys demand?
Your legal damages depend on whether you were fired or your employer adversely affected your employment in some other way. Your damages for age discrimination may include:
- Back pay. This includes the wages you lost because you were terminated from your job. It also includes lost economic benefits of employment such as health insurance, retirement benefits, stock options, vacation pay, and sick pay.
- Front pay. This is compensation for future earnings and economic benefits of employment in lieu of reinstatement to your job.
- Liquidated damages. If the employer’s age discrimination was knowing and intentional, you may be entitled to an amount equal to your lost back pay.
- Your legal fees. This means your attorney’s fees and related legal expenses.
ADEA does not authorize pain and suffering (compensatory) damages. It also does not authorize punitive damages.
Do you have an age discrimination attorney near me?
Our Atlanta age discrimination attorneys meet clients at our office in Atlanta located at 600 Peachtree St. NE, Suite 3900. We conduct phone and video consultations by appointment for clients in Atlanta who can’t travel to Atlanta. We proudly serve clients throughout Georgia, including in Athens, Augusta, Columbus, Gainesville, Macon, Marietta, and Savannah.
Our lawyers regularly file complaints against employers in all industry sectors who try to use your age against you when it should be your greatest asset.
Contact our Atlanta age discrimination attorneys for help today
We understand how traumatic losing a job can be. We anticipate and work to counter the excuses employers try to use to argue that your termination or adverse treatment was justifiable. Buckley Bala Wilson Mew LLP is the firm of choice for many employees throughout Georgia. To speak with our experienced Atlanta age discrimination attorneys, schedule a consultation by calling us or completing our contact form today.