An age discrimination lawyer works with individuals who believe they have been discriminated against on the basis of their age. An age discrimination lawyer may also represent companies accused of such discrimination. An age discrimination attorney aims to facilitate a settlement between employer and employee or takes a case to court to represent his client's position in front of a judge or jury.
In the United States and many other countries, employers are prohibited from discriminating against employees on the basis of age. In the United States, employees' rights to freedom from discrimination stem from the Age Discrimination in Employment Act (ADEA) passed in 1967. In Canada, such discrimination is prohibited by the Canadian Human Rights Act; the United Kingdom has The Employment Equality (Age) Regulations of 2006; Germany has the General Equal Treatment Act of 2006; and numerous other countries have prohibitions prohibiting discrimination.
Most of these acts, including the ADEA, prohibit employees from treating someone differently in any aspect of employment on the basis of his age. For example, an employer cannot fire a person or force him to retire because he is older, nor can an employer refuse to promote or refuse to hire an employee because of his age. There are certain exceptions, however, for bona fide occupational needs, which permit employers to fire older workers or force retirement only if there is a legitimate business reason why the job must be done by a younger individual.
If a person believes he was fired on the basis of his age or otherwise discriminated against, he is entitled to sue. When people sue, an age discrimination lawyer represents their interests. This means the age discrimination attorney files a complaint with the appropriate regulatory body, such as the Equal Opportunity Employment Commission, and/or files a lawsuit in civil court.
The age discrimination lawyer then helps the plaintiff prove that the employer acted illegally. This can involve proving that the employer forced the employee out or otherwise treated him unfairly solely on the basis of age. A number of different forms can be used to prove discrimination, including eyewitness accounts, performance reviews and statistical evidence of the number of older workers within the company.
An age discrimination lawyer who works for a plaintiff has the burden of proving the discrimination occurred. Such an attorney can also work for the defendant, or the employer accused of discriminating. In such cases, the lawyer's duties involve trying to settle with the plaintiff or trying to disprove the elements of the case and show that no discrimination in fact occurred or that such discrimination was acceptable because of a bona fide occupational need for a younger worker.
