Age discrimination, sometimes associated with the term ‘ageism,’ is the prejudicial treatment of an individual based solely on his or her age. Like most other forms of discrimination, age discrimination is prohibited in the workplace by federal and state laws, most notably the Age Discrimination in Employment Act (ADEA) of 1967. Hire an experienced Austin age discrimination lawyer dedicated to enforcing these laws both in and out of court.
Protections of the ADEA
The ADEA states that an employer is barred from discriminating against employees or potential employees 40 years of age or older based solely on age. Employers are prohibited from using age as a determining factor in connection with most aspects of the employer-employee relationship, including hiring, firing, layoffs, promotion, or benefits. Age may only be considered when it is a bona fide occupational qualification, i.e., one which is reasonably necessary to the normal performance of the job.
The ADEA applies to government agencies at the local, state, and federal levels, as well as most employers with over 20 employees.
ADEA Waiver Requirements
Under certain circumstances, employers are allowed to request that an employee or potential employee choose to waive his or her ADEA rights. However, the ADEA sets specific requirements for such a waiver, including:
- The waiver must be in writing.
- The waiver must specifically refer to the ADEA or rights protected by it.
- The waiver must provide for ‘valuable consideration’ as compensation.
- The waiver must, in writing, advise the employee to consult an attorney before agreeing.
- The waiver must allow the individual at least 21 days to make a decision, and at least 7 days after signing the waiver to revoke the decision.
Such safeguards are in place to protect employees from predatory use of ADEA waivers by employers seeking to get around age discrimination laws. Always consult an Austin employment lawyer before making signing an ADEA waiver.
Austin Age Discrimination Lawyer
Our Austin age discrimination lawyers believe that your rights under the ADEA should be protected and enforced. They fight against discrimination in the workplace. If you have been discriminated against at work because of your age, contact us today.