Employers in Texas are prohibited from discriminating against workers on the basis of age by the Age Discrimination in Employment Act, but a survey by the American Association of Retired Persons found that almost 66 percent of respondents had experienced or seen age discrimination in the workplace. In the same survey, 92 percent of respondents said workplace discrimination based on age is somewhat or very common.
Age discrimination is similar in many ways to other forms of discrimination at work. It is detrimental to the employee and illegal. Discrimination based on race, religion, sex, color or national origin are prohibited by a different law though. A senior attorney advisor with the Equal Employment Opportunity Commission’s Office of Legal Counsel said that it can be difficult to bring intersectional claims because these bases of discrimination are covered by Title VII of the Civil Rights Act of 1964 and age discrimination is covered by the ADEA.
According to the EEOC, only 3 percent of older employees who experience or witness age discrimination say they have made a complaint about it. People who feel they’ve been subjected to age discrimination in employment should report the incidents. Many companies have internal reporting processes, and human resources departments generally have information about how to report discriminatory behavior.
Another option is to file a complaint with the EEOC, which is equipped to investigate and enforce employee protection laws. An attorney may be able to help in workplace discrimination cases by analyzing the situation and determining whether and where the client might have claims for relief. An attorney with experience in employment law might be able to draft and file a complaint stating claims under the ADEA or Title VII. An attorney might be able to negotiate a settlement with the employer or argue on behalf of the client during civil court proceedings.
