Philadelphia Age Discrimination Lawyer

Fighting For Age Discrimination Victims in Pennsylvania

The median age in the city of Philadelphia is 34.2 years old. As of 2013, the median household income in Philadelphia was $36,836. As in other cities around the country, older workers may not get a fair shake in the workplace. Employers are often looking for “new blood” or youthful energy and may not value the knowledge and experience possessed by older workers. Age discrimination against people aged 40 or older is prohibited under both federal and Pennsylvania state laws. If you are subject to age discrimination, you should consult an experienced Philadelphia age discrimination lawyer. At Phillips & Associates, PLLC, we may be able to help you recover damages.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our age discrimination lawyer in Philadelphia.

Age Discrimination Under the ADEA

The federal law prohibiting age discrimination is the Age Discrimination in Employment Act (ADEA) of 1967. This law provides protection against discrimination to workers who are at least 40 years old. It applies to employers that have at least 20 employees. Discrimination can occur in the context of hiring, firing, promoting, demoting, pay, training, benefits, and other activities in the workplace. The ADEA is interpreted and enforced by the Equal Employment Opportunity Commission (EEOC).

Some examples of age discrimination under the ADEA include layoffs where an employer dismisses older workers but retains younger ones. If you are ideally qualified for a promotion but your employer gives it to a much younger person who is less qualified, you may have grounds for an age discrimination claim. If derogatory comments like “you’re getting too old for this job” or “when are you going to retire?” are frequently made to the point that the workplace becomes hostile, a Philadelphia age discrimination attorney can assist you in pursuing damages for a hostile work environment.

Age Discrimination Under State Law

The Pennsylvania Human Relations Act (PHRA) forbids employment practices that discriminate based on age. The law provides protection to job applicants, employees, and independent contractors who are at least 40. It covers public employers, as well as private employers that have a minimum of 4 employees. As with the ADEA, under the PHRA, it is unlawful to discriminate against someone with regard to hiring, compensation, tenure, terms, conditions, and privileges of employment due to his or her age, as long as that person is at least 40. It is also illegal to try to obtain, or make a record about, the age of a job applicant, or to publish a job posting indicating a preference or restriction based on age. Employers also cannot deny or restrict employment through a quota system based on age.

Just as important, employers are not permitted to retaliate against workers who oppose any practice forbidden by the PHRA, or who testify or cooperate with an investigation under the PHRA. For example, if you were not a victim of age discrimination yourself, but your coworker asks you to testify on her behalf with regard to the age discrimination and harassment that she experienced, it is illegal for your employer to take an adverse employment action against you simply because you were a witness.

There is an exception to age discrimination for a bona fide occupational qualification (BFOQ). Discrimination based on age may be valid as a BFOQ if it is reasonably necessary to the essence of the business's normal operation.

Differences Between Federal & State Laws

There are some important differences between the ADEA and the PHRA, and it is critical to consult an experienced Philadelphia age discrimination attorney as soon as possible if you feel you have been subjected to age discrimination or retaliation. Discrimination claims can be filed with either the EEOC or the Pennsylvania Human Relations Commission. These agencies have put in place a work-sharing agreement, whereby they cooperate to process age discrimination claims. You can file a claim with one and indicate that you want the claim to be cross-filed with the other.

When an employer has fewer than 15 employees but at least 4 employees, you can file under the PHRA. When there are 15 or more employees at your workplace, and you are at least 40, you can file an age discrimination claim with either agency.

To preserve your Federal Rights, you generally must file a Complaint with the EEOC and/or PHRC (and cross-file) within 300 days of the last discriminatory act. To preserve your Pennsylvania state claims, you generally must file a complaint with the PHRC and/or EEOC (if applicable and cross-file) within 180 days of the last discriminatory act.

Recognizing Common Signs Of Age Discrimination In Workplaces

Many age discrimination claims begin with subtle changes in workplace treatment rather than overt statements. Philadelphia employees benefit from knowing the warning signs so they can respond proactively and seek help if needed. Some trends can be more pronounced in local workplaces where rapidly changing technology or younger management styles influence employment decisions.

Common signals that may indicate age discrimination include being repeatedly passed over for new training, professional development, or project assignments that are offered to younger colleagues. Unexplained demotions or negative performance reviews following years of strong service, particularly after age is mentioned during feedback sessions, can also raise concerns. Some workers notice age-related jokes or comments that, even if framed playfully, reflect persistent bias.

Philadelphia employers may also initiate round after round of layoffs, with each affecting older workers more than younger staff—even in organizations that otherwise claim neutrality in job cuts. Adjusting job requirements to favor younger candidates or listing technology skills as gatekeepers for advancement, without offering current employees a chance to learn, is another common tactic.