Every Employee Deserves Respect

Age Discrimination Attorneys in Maryland

Fighting For Those Who Have Experienced Discrimination Based on Their Age 

Few people realize that age discrimination is one of the fastest-growing areas of employment discrimination. This is hardly surprising; as the workforce ages, employers frequently look for ways to shed expensive employees by replacing them with younger, lower-paid workers.

If you believe that a younger or less experienced person was hired or promoted before you or improperly replaced you, you may be a victim of age discrimination. At the The Law Office of Andrew M. Dansicker, we can help you fight for justice and pursue a resolution to this matter.

Discuss your situation with our age discrimination attorneys in Maryland by calling (410) 213-3392.

What Constitutes Age Discrimination?

The simple fact that an older worker is terminated and replaced with a younger employee does not mean you have been subjected to age discrimination, but the surrounding facts and circumstances may demonstrate that your employer has acted illegally.

Age discrimination takes various forms, with one common type being disguised layoffs or "reductions in force." Employers often use seemingly objective methods to target older workers, masking their real intentions. Some discriminatory policies and practices are so subtle that victims may not immediately recognize them. For instance, an older applicant might be told they're "overqualified," or that clients prefer younger staff.

Another aspect is the creation of a hostile work environment for older employees. While occasional age-related comments may not be unlawful on their own, repeated remarks or actions that single out an employee due to their age could qualify as illegal harassment according to the Age Discrimination in Employment Act (ADEA) and Maryland age discrimination law.

Has your employer made any jokes or comments about your age or the age of the workforce? Do the younger workers get all the perks and promotions, while older ones are passed over? Are you held to a higher standard than the younger employees? If so, your company may be in violation of the law under the ADEA.

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act of 1967 was intended to protect workers over the age of 40 from being treated differently because of their age compared to younger employees. This applies in situations where a 25-year-old is favored over a 45-year-old, and where a 47-year-old is favored over a 70-year-old.

The ADEA also applies to many different types of workplace decisions, including the following:

  • Hiring
  • Promotions
  • Disciplinary actions
  • Termination decisions

Thus, even a person who is denied a job can bring a claim under the ADEA.

The ADEA applies to employers who have 20 or more employees, but even companies with fewer than 20 employees may be subject to age discrimination claims under Maryland state law.

When Can An Employer Ask For Age?

It’s a common belief that the ADEA prohibits employers from asking about a job applicant’s age or stops them from making employment decisions such as hiring or firing based on a person’s age. However, employers may ask about age if there is a legitimate occupational requirement that is reasonably necessary for the for the operations of their specific business.

In order to ask about a person’s age, the employer must be able to show the following:

  • The age requirement is essential to the core functions of the business
    An individualized approach would not be practical, and employment decisions must be based on age
  • The exception is narrow and typically applies in job roles such as law enforcement or firefighting. If your employer or prospective employer asks about your age without a reasonable cause, then it is best to consult a workplace ageism lawyer in Maryland.

What Proof Do I Need in an Age Discrimination Case?

Proving age discrimination can be challenging, as it often involves subtle and indirect actions by the employer. However, certain types of evidence can help establish a strong case:

  • Direct evidence: This includes explicit statements or actions by the employer indicating age bias. For example, if a supervisor explicitly states that a position is being given to a younger employee because they are "more energetic," this can serve as direct evidence.
  • Circumstantial evidence: This includes patterns or practices that suggest age discrimination. For example, if a company consistently hires younger employees while older, qualified applicants are repeatedly rejected, this may indicate discriminatory practices.
  • Disparate treatment: Evidence that older employees are being treated less favorably than younger colleagues in similar situations can support a claim. For instance, if an older employee is terminated for minor infractions while younger employees are not disciplined for similar behavior, this can be indicative of age discrimination.
  • Documentation: Keeping detailed records of incidents, including emails, memos, performance reviews, and other relevant documents, can help establish a timeline and pattern of discriminatory behavior.
  • Witness testimony: Statements from coworkers or other witnesses who have observed discriminatory behavior or comments can strengthen a case.

Contact Our Age Discrimination Attorney in Maryland Today

If you are considering filing a claim for age discrimination with the EEOC or the Maryland Commission for Human Rights, you must file the complaint within 300 days of the alleged act of discrimination.

Our employment law attorneys have extensive experience determining the likelihood of success of potential age discrimination cases. We have litigated age discrimination cases at the state, federal, and administrative levels, and will be strong advocates on your behalf.

If you are experiencing age discrimination, reach out to our age discrimination lawyers in Maryland at The Law Office of Andrew M. Dansicker by calling (410) 213-3392 or contacting us online.

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