Both the Texas Labor Code and the federal Age Discrimination in Employment Act (“ADEA”) prohibit age discrimination against employees over the age of 40.  These laws make it unlawful for an employer to consider an employee’s age when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment.  In addition, these laws prohibit an employer from retaliating against an employee for making a good faith claim of age discrimination to the employer.

EMPLOYEE REMEDIES FOR AGE DISCRIMINATION

In a lawsuit for age discrimination, an employee may be able to recover:

• Lost wages and benefits to the time of trial
• Liquidated damages equal to the amount of lost wages
• Punitive Damages
• Attorney’s Fees
• Compensatory Damages

As the remedies under the ADEA and the Texas Labor Code are different, only some, and not all, of these remedies will be available to an employee.

Prior to filing a lawsuit, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and/or Texas Workforce Commission (TWC).  These agencies enforce the laws protecting employees from age discrimination in the workplace.

WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU BECAUSE OF YOUR AGE

Contact a lawyer immediately, and preferably a lawyer who routinely represents employees in employment litigation.  If you are not able to contact an attorney, you should contact the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division.  To preserve your rights under the law for this type of discrimination, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with either the EEOC or TWC.  Lastly, take thorough notes regarding everything discriminatory that is being said or done to you and keep all records related to your employment.  These notes and records may prove invaluable in a later lawsuit.

ADDITIONAL RESOURCES FOR LEARNING ABOUT AGE DISCRIMINATION

• EEOC Information on Age Discrimination
• Workplace Fairness Fact Sheet on Age Discrimination

If you feel you have been discriminated on the basis of pay and wish to speak to a Texas equal pay rights attorney at the Martinez & Martinez Law Firm, please submit a case review form or contact us at Martinez@martinezlawyers.com.