An Overview of Age Discrimination in Employment in Virginia
Age discrimination in employment was back in the news recently, when most Millennials passed age 40. This form of job bias may be one of the most complicated kinds of employment discrimination in state or federal law.
In a nutshell, age discrimination is any unfavorable treatment of an employee or job applicant because of age. Under the Age Discrimination in Employment Act (ADEA), individuals aged 40 and older are protected from discrimination in workplaces with 20 or more employees. This law applies nationwide, including Virginia.
Although patently illegal, age discrimination is very common in Virginia, mostly because older workers, although they’re more experienced and usually have better employment records, cost more, in terms of salary and benefits. A Leesburg employment lawyer obtains justice and compensation for these victims.
Age Discrimination Examples
Like other forms of illegal job discrimination, age discrimination in employment is often subtle and difficult to detect. Some examples include:
- Refusing to hire older applicants,
- Forcing early retirement,
- Denying promotions due to age,
- Making age-related derogatory comments, and
- Laying off older workers while retaining younger ones.
The federal ADEA prohibits all these kinds of discrimination. The Virginia Human Rights Act (VHRA) is even broader. This law prohibits age discrimination for employees aged 40 and over and applies to employers with as few as five employees. Furthermore, recent VHRA amendments have strengthened employee protections, making it easier for workers to partner with a Leesburg employment lawyer and obtain damages for job discrimination.
Responding to Age Discrimination
Administrative agencies, usually the federal Equal Employment Opportunity Commission (EEOC) or the Virginia Division of Human Rights, usually have jurisdiction over age discrimination and other employment discrimination matters. Both agencies have a very specific process.
First, the victim must file a complaint, typically within 180 or 300 days. A victim must go to an agency. The agency never comes to a victim. This complaint should include all records of the incident, such as emails and performance reviews.
Next, the agency reviews the complaint. Unless that complaint jives with the agency’s political agenda and the agency has the bandwidth to handle another matter, the agency will show little interest in the complaint. Furthermore, most government agencies are only interested in headline-grabbing claims.
As a result, the agency will most likely give the victim a right-to-sue letter. This letter does not mean the claim is weak or meritless. It simply gives the victim a chance to partner with a Leesburg employment law attorney who will vigorously advocate for the victim’s legal and financial rights.
Resolving an Age Discrimination Claim
An agency might also not be interested in a claim if, during an inquiry, an employer defense arises. Employers in Virginia may defend against age discrimination claims by showing:
- Legitimate, non-discriminatory reasons for their actions,
- Job performance issues, and
- Business necessity or restructuring.
In an administrative or civil proceeding, victims must overcome these defenses to obtain compensation for their injuries. This compensation usually includes:
- Back pay and lost wages,
- Reinstatement or front pay,
- Compensation for emotional distress, and
- Attorneys’ fees and court costs.
In some cases, a federal judge or administrative law judge may award additional liquidated damages if the violation is willful.
Most age discrimination claims settle out of court. These settlements include not only the aforementioned damages, but also consent decrees. These court orders, which judicial authorities supervise, force companies to change the way they do business and protect older workers.
Rely on a Thorough Loudoun County Lawyer
State and federal laws protect workers and applicants over 40. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. After-hours and home visits are available.
