Age Discrimination

More than one-third of the American workforce will be over the age of 50 by 2022. With the graying of the workforce, age discrimination is becoming an increasingly important issue.

The Age Discrimination in Employment Act prohibits discrimination against workers over age 40 because of age.  To pursue a claim for age discrimination, a person must show that he or she: (1) is over age 40, (2) is qualified for the position, (3) suffered an adverse employment action, and (4) a younger person was favored, or the employee was otherwise discriminated against.

Sometimes, an employer will make ageist comments, such as “we need race horses, not plow horses” or will call an employee “old,” “decrepit,” “foggy,” or “slow,” or ask when the employee plans to retire. In other cases, an employee is harassed because of age.  Older employees can be excluded from events in favor of younger employees.

If you believe you have been discriminated against because of your age, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.

The publishing of results obtained by Texas law firms is limited by Comment #4 to Rule 7.02 of the Texas Disciplinary Rules of Professional Conduct. The rule states that advertising which reports a lawyer’s achievements on behalf of former clients “may be misleading if presented so as to lead a reasonable person to form an unjustified expectation” of similar results.  We are proud to discuss our past successes with you.  If you are interested in this, please contact us.