Federal and state laws both protect employees from being discriminated against due to their age. However, even when individuals feel as though they are the victim of this type of discrimination, they often do not know what to do about it. It is important that all employees understand their rights, so they can protect any future claim they may file. If you feel as though you are a victim of age discrimination, below are the most important steps to take.
The federal Age Discrimination Act of 1975 makes it illegal for employers to discriminate against any person due to their age. However, this Act only applies to employers that have 20 or more employees. Fortunately, Ohio’s age discrimination laws are a bit more lenient. Under state law, you can file a claim as long as you can prove the discrimination and your employer has more than 15 employees. Many areas of law are always changing, so it is important to research the law or speak to an employment lawyer that can explain how the law applies to your case.
All legal claims rest on evidence, and employment discrimination claims are no different. Crucial evidence to collect in an employment claim includes emails, texts, and phone messages that have discriminatory language, and eyewitness testimony that can verify discrimination took place. It is also very useful to take notes regarding when discrimination took place. These notes can include discriminatory statements made by your employer, or how they treated younger employees differently than you.
Many employees are asked to sign an employment agreement prior to starting work in a new position. A contract is another very piece of important evidence in age discrimination cases, as it may show that your employer’s actions violated the terms of the agreement.
For example, your employment agreement may state that you will be paid a certain wage or salary for a certain period of time. If your employer then reduces your wage or salary because you cannot perform certain work, such as lifting very heavy objects, this can prove that your employer discriminated against you due to your age.
Unfortunately, not everyone keeps a copy of their employment contract. If you have not kept a copy of yours, make sure you ask your employer for a copy before you file your complaint.
No one should be subjected to any form of discrimination while at work. If you feel as though your employer has discriminated against you, it is important that you speak to a Columbus employment lawyer as soon as possible. At Marshall Forman & Schlein LLC, our lawyers know how to identify discrimination and can explain the law as it applies to your case. We will also guide you through the claims process and give you the best chance of a successful outcome. Call us today or contact us online to schedule a consultation and to learn more about how we can help.
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