Age Discrimination Lawyer Philadelphia Pennsylvania
Age discrimination involves treating an applicant or employee less favorably because of their age. The law forbids age discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, retirement benefits, contribution to medical and dental insurance plans and any other term or condition of employment. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It is not illegal for an employer or a covered entity to favor an older worker over a younger one, even if both workers are age 40 or older, and discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
In Pennsylvania, employees are protected under the Pennsylvania Human Relations Act (PHRA). The PHRA makes it unlawful for an employer to discriminate against people on the basis of age with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract. Under the ADEA, it is illegal for an employer to take an adverse action against an employee or a job applicant because of age, meaning that age should not be the reason the employer decides to act. To establish a disparate-treatment claim, a person complaining of age discrimination must prove that age was the reason of the employer's adverse decision. To establish age discrimination, a person bringing an action under the ADEA may show that he was replaced by a person sufficiently younger, but it is not required that the replacement be under age of 40.
In addition, age discrimination occurs when employees are denied employer contributions for retiree health and medical or dental insurance because they were older than a certain age at the time that they retired. Further, an employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age. Thus, in April 2012, the EEOC announced that New York Law Firm Kelley Drye & Warren agreed to end its mandatory retirement policy and pay $574,000 to a partner who was forced to give up ownership interest in order to continue working. Kelley Drye & Warren, a law firm with over 300 attorneys, had a policy which required partners to give up their equity in the firm once they reach 70 years of age. Those attorneys who wanted to practice after reaching 70 could only do so by giving up all ownership interest in the firm and instead be compensated through discretionary bonuses. This resulted in significant under-compensation of Eugene T. D'Ablemont, who has continued to practice law full-time at the firm since he turned 70 in 2000. Such conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits discrimination based on age, including in compensation
If you have been demoted, fired, forced to quit, transferred to an unfavorable position or not hired because of your age, you need to consult with an experienced Pennsylvania age discrimination attorney to discuss your case and a possibility of filing a civil lawsuit against the employer. At the Lassen Law Firm, our Pennsylvania age discrimination lawyers know what it takes to win an age discrimination case. Our experienced Philadelphia age discrimination attorneys are prepared to litigate discrimination cases of various types. We have helped our clients recover substantial monetary awards. Victims of age discrimination in successful discrimination action brought under Age Discrimination in Employment Act may
- recover front pay (award for future earnings);
- get reinstated to avoid future lost earnings;
- recover past damages;
- recover punitive damages (in age discrimination cases, punitive damages are designed to punish the employer and deter future age discrimination).
Age discrimination in the workplace should be reported to the Equal Employment Opportunity Commission (EEOC) that will investigate the case and issue the complainant the Right-to-Sue Notice. An age discrimination lawsuit must be filed within 90 days from the date of the receipt of the Right-to-Sue Notice. The Lassen Law Firm urges you not to wait too long to report age discrimination in the workplace. The sooner you start the process, the sooner you may get financial compensation available to you under the law. Please call the Lassen Law Firm now for your free initial consultation.
The Lassen Law Firm only deducts a 29% contingency fee, not the standard 45% like other firms. We serve ALL of Pennsylvania. We can sign you up over the phone and start working on your case today.
Stop Searching. Start Calling. 215-510-6755.
 Age Discrimination in Employment Act of 1967, § 2 et seq., 29 U.S.C.A. § 621
 Civil Action No. 10-CV-0655 (LTS)(MHD)
Authored by: Christian Lassen