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, 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 attorney 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 protections 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 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 less 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.

Frequently Asked Questions About Age Discrimination

What Is Considered Age Discrimination?

Age discrimination in Philadelphia, like elsewhere, involves treating an applicant or employee less favorably because of their age. In Philadelphia, PHRA and ADEA protections start at age 40. Discrimination can occur in various workplace activities, including hiring, firing, job assignments, promotions, layoffs, training, and benefits. A subtle but significant form of age discrimination involves creating a hostile work environment through derogatory comments and actions.

Furthermore, specific industries may have cultural biases against older workers. For instance, the tech and media sectors sometimes undervalue experienced professionals in favor of younger, less experienced employees perceived as more technologically savvy or creative. By understanding these nuances, employees can better recognize and combat age discrimination, especially with the help of experienced Philadelphia age discrimination attorneys like those at Phillips & Associates, PLLC.

How Can I Prove Age Discrimination in My Workplace?

Proving age discrimination can be challenging, but not impossible. A strong claim often requires a combination of direct and circumstantial evidence. Documenting instances of unfair treatment, discriminatory remarks, or unequal pay compared to younger colleagues can serve as foundational evidence. Witness testimony from coworkers who have observed or experienced similar discriminatory practices can also support your claim.

It is critical to maintain a detailed record. Emails, performance reviews, and memos can reinforce claims of age-based discrimination. Consulting an age discrimination lawyer can assist in compiling relevant evidence and navigating the legal intricacies of your claim. Phillips & Associates, PLLC offers expertise in evaluating such situations and can guide you through the complexities of state and federal complaint procedures.

Can I Sue My Employer for Age Discrimination?

Yes, under state and federal laws, you can file a lawsuit against your employer for age discrimination if mediation or internal resolution have failed to provide justice. However, it's essential to follow proper legal channels first. Filing a charge with the EEOC or the Pennsylvania Human Relations Commission is a preliminary step before proceeding with litigation.

The success of a lawsuit often depends on thorough preparation and evidence gathering. Our team at Phillips & Associates, PLLC can offer insights into the legal process, ensuring that your approach is systematic and comprehensive. It's essential to act promptly given the specific time limits associated with filing claims, which can vary based on your employer's size and the nature of the offense.

What Compensation Is Available for Age Discrimination Claims?

The compensation for age discrimination claims can vary widely depending on the specifics of the case and the damages suffered. Potential recoverable damages include back pay for lost wages, front pay, reinstatement to a former job, and compensatory damages for emotional distress. Punitive damages may be pursued if the discrimination was intentional and egregious.

At Phillips & Associates, PLLC, we take a personalized approach to each client’s situation, assessing the full impact of the discrimination on their career and personal well-being. Our depth of experience in Philadelphia’s employment landscape allows us to effectively pursue the maximum compensation to which you might be entitled.

What Should I Do If I Suspect Age Discrimination?

If you suspect that you are a victim of age discrimination, it is crucial to document any incidents and gather evidence first. Be aware of your rights under the ADEA and PHRA, and consider seeking legal advice to understand the strength of your claim and the best course of action.

Contact Phillips & Associates, PLLC for a consultation to discuss your situation. An experienced attorney can provide guidance and support, ensuring your rights are protected and you receive the advice needed to navigate potential legal challenges effectively. Acting promptly ensures you remain within the legal time frame for filing claims and pursuing compensation.

Contact Our Age Discrimination Attorney in Philadelphia Today

Age discrimination can cause tremendous economic and emotional harm. If you suspect that you have been a victim of age discrimination in Philadelphia or the surrounding areas, you should consult the experienced employment litigators at Phillips & Associates, PLLC. Call us at (866) 229-9441 or use our online form for a free consultation.

PHILLIPS & ASSOCIATES 1635 Market St #1600A 

Philadelphia, PA 19103 

Phone: (866) 229-9441 

Fax: (866) 229-9441

Contact us today to get started with our Philadelphia age discrimination lawyer.