Pursuing a Claim

You have the right to pursue a claim if you feel you are a victim of age discrimination. Judging older workers on the basis of age rather than abilities is wrong, and age discrimination can have devastating effects on the financial security of workers at the time and into retirement. It’s a hard case to bring and a hard one to win, though. It can also be emotionally and financially draining, and you may never get your day in court. Talk with your family, and take the uphill nature of the battle into account.

Before you file a complaint, consider negotiating with your employer first or using your company’s established grievance system. If your case is strong, you may be able to persuade your employer to settle with you. Research shows employers are inclined to settle out of court in cases where employees have solid evidence of age bias.

If you decide to move forward, it’s important to have a strong case. Make sure to document remarks by your managers and others that you perceive as discriminatory. Keep emails and any other documentation that helps your case. Then take these steps:

File a charge with the federal Equal Employment Opportunity Commission (EEOC)

This step comes before you can file a lawsuit. Call the EEOC at 800-669-4000 or visitthe EEOC website for details on how to file a charge. If at all possible, file a charge within 180 days of the discriminatory action or when you first became aware of the discriminatory action, whichever occurred first. In some states, the time limit for filing a charge is extended to 300 days. However, filing within 180 days is recommended, to be on the safe side.

The EEOC will notify the employer of the charge and will investigate it. If the EEOC determines that the charge has merit, it will attempt conciliation. This means the agency will try to persuade the employer to voluntarily eliminate and remedy the discrimination. If conciliation is not successful, the EEOC will decide whether to take legal action on behalf of the charging party. It is important to note that the EEOC does so in an extremely small percentage of the charges it receives.

The EEOC website offers more information on age discrimination.

Find a lawyer

Get in touch with an employment lawyer in your state to talk about the merits of your claim and what you need to do under state law. You can find employment lawyers through the National Employment Lawyers Association: www.nela.org .

File your lawsuit

After the EEOC has terminated its proceedings on a charge, the agency will issue a “right to sue” letter. In age discrimination cases, you don’t need to wait for this letter before filing a case in federal court. You can file your lawsuit at any time from 60 days after you file with the EEOC and up to 90 days after you receive the “right to sue” letter.

The ADEA offers important workplace protections, but it doesn’t stop some employers from running afoul of the law’s requirements. Be aware of your rights, and then carefully consider the pros and cons of pursuing a case before you act.

For tools, information and other resources on work-related issues, visit www.aarp.org/workresources .

© April 2014