Austin Age Retaliation Attorney

Older Workers Have Protected Rights

The federal Age Discrimination in Employment Act (ADEA), passed in 1967, protects job applicants and employees over the age of forty from unfair discrimination in employment. Since this important act was passed, many brave employees have come forward to shed light on unfair promoting and hiring practices and other forms of illegal discrimination faced by older employees all over the country. Ideally, the problem is solved once it comes to light, and the employee who made the complaint can return to doing his or her job in peace.

Retaliation

Unfortunately, this is not always the case. Sometimes an employee returns to work after filing a complaint and finds the situation even worse than it was before. It is all too common for employers to feel angry, even vindictive after their discriminatory habits have been exposed and stopped.

Common forms of retaliation faced by employees over forty who have filed age discrimination complaints are:

• Termination or denial of promotion
• Unjustified negative reviews or evaluations
• Threats to one’s job or well-being
• Any actions that would deter a reasonable person from pursuing his or her rights

It is illegal for an employer to retaliate in any way against an employee for undertaking a protected activity, such as filing a complaint or picketing against discrimination.

What Employers Can Do

The law against retaliation is only meant to cover serious offenses. Minor actions that do not affect an employee’s performance are not legally considered retaliation. Examples of behaviors that are not illegal are isolated negative comments, justified negative reviews, or social consequences such as “snubbing” a particular employee.

There are also certain actions an employee can take that are not covered by the law against retaliation. Protests (aside from strikes) that interfere with work and any illegal activities are not protected behaviors.

Contact Us

If you are being retaliated against after complaining of age discrimination, contact Austin age retaliation attorneys Melton & Kumler at 513-330-0017.