Age discrimination can be a serious issue in the workplace, especially as people continue to work longer into their careers. In Texas, employees enjoy protection against age discrimination, but understanding how the law works and what protections are available is important.
What is age discrimination?
Age discrimination occurs when an employer treats an employee or job applicant unfairly because of their age. While the federal Age Discrimination in Employment Act (ADEA) protects individuals aged 40 or older, Texas law offers additional protections to prevent discrimination based on age in hiring, firing, promotions, or other employment actions.
Federal and state laws protecting against age discrimination
Under the federal ADEA, employers with 20 or more employees cannot discriminate against individuals who are 40 years of age or older. Texas state law aligns with this protection, and employees in Texas can file complaints of age discrimination through the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC).
The TWC handles most age discrimination complaints in Texas, and employees must file their claims within 180 days of the alleged discriminatory action.
How can you prove age discrimination?
To prove age discrimination, you must show that your age played a role in your employer’s decision-making process. You can do this by providing evidence such as discriminatory comments, the hiring of younger employees over more qualified older employees, or patterns of unfair treatment toward older workers.
Age discrimination cases often involve comparing how similarly situated younger employees are treated. If a younger employee with the same qualifications receives better treatment or gets hired instead of you, it may indicate age discrimination.
How to protect yourself from age discrimination
If you suspect that age discrimination has occurred, keep records of any incidents or actions that seem unfair. Document any communications with your employer, such as performance reviews or comments that could appear discriminatory. Knowing your rights under the law can help you address or prevent age discrimination.
Texas law offers strong protections against age discrimination, so you do not have to endure it silently.
