Rachel Bethel
Austin/Houston Employment Trial Lawyer Rachel Bethel

Age discrimination is an unfortunate reality that many workers eventually face. Federal and Texas laws provide protections to ensure that workers over the age of 40 are treated fairly in the workplace. This blog will explore these protections, highlight warning signs of age discrimination, and offer tips on addressing potential issues.

Legal Protections Against Age Discrimination

The Age Discrimination in Employment Act (ADEA)

The ADEA is a federal law that protects workers aged 40 and older from age-based discrimination in workplaces with 20 or more employees. It prohibits discrimination in all aspects of employment, including hiring, firing, promotions, compensation, and other terms or conditions of employment.

Chapter 21 of the Texas Labor Code 

In Texas, Chapter 21 of the Texas Labor Code includes a subsection regarding age discrimination. It mirrors many of the ADEA’s protections but applies to employers with at least 15 employees. 

Signs of Age Discrimination in the Workplace

Recognizing age discrimination can be challenging, as it is often subtle. Here are some red flags to watch out for:

  1. Harassing Comments About Age
    • Remarks or casual jokes about being “too old” to understand something or perform certain tasks.
  2. Preference for Younger Employees
    • Favoring younger workers for promotions, training opportunities, or high-profile projects, despite your qualifications and experience.
  3. Sudden Performance Criticism
    • Receiving unjustified negative feedback after years of positive reviews and a proven record.
    • Being placed on a performance improvement plan without a clear explanation, perhaps close to retirement.
  4. Changes in Job Duties
    • Being reassigned to less desirable tasks or roles without justification.
    • Seeing your responsibilities diminish as younger employees take on more significant roles.
  5. Layoffs Targeting Older Workers
    • Noticing a pattern of older employees being let go while younger employees in similar positions are retained.
  6. Unsolicited Queries Regarding Retirement Plans
    • Questioning your retirement plans out of nowhere, without any indication of interest in retiring on your end. 

Steps to Address Age Discrimination

It truly is never too soon to call an attorney if you are experiencing discriminatory acts in the workplace. 

If you have questions and want to learn more about your rights, contact one of us for a consultation. We’ll be able to assess whether there is unlawful misconduct afoot and guide you through next steps in pre-litigation and/or litigation. 

Other tips to keep in mind:

It is a good idea to keep detailed records of any discriminatory incidents, including dates, times, locations, and the names of individuals involved. 

Consider making a report with HR regarding the discriminatory actions. Review your employer’s anti-discrimination policies and procedures for making internal reports. 

If you a file a complaint with HR, do so in writing for your records. 

Know that discrimination complaints may result in retaliation or even termination. This is an unlawful response on your employer’s part.

Conclusion

Age discrimination is serious and unlawful. Understanding your rights and knowing how to respond can empower you to protect your hard-earned career. If you suspect that you are being discriminated against on the basis of age, don’t hesitate to reach out to our firm for help.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Rachel Bethel Rachel Bethel

What do you like most about being an employment lawyer?

The best part of being an employment lawyer is being there for people who are facing some of the worst times in their lives. I enjoy counseling my clients and reminding them that…

What do you like most about being an employment lawyer?

The best part of being an employment lawyer is being there for people who are facing some of the worst times in their lives. I enjoy counseling my clients and reminding them that they are not alone. The fact that I then get to use my legal training to help improve their situation is an immensely rewarding feeling.


What kind of clients do you like best?

Clients who are professional and focused on succeeding in their case tend to be the easiest to work with. It is especially helpful when clients are willing to prepare and get all their relevant documents and information in order.

What labor and employment issues do you think are currently trending?

It is encouraging to see that Texas passed the CROWN Act in 2023; it just went into effect in September. Less than half of the country has passed a similar bill, so this is a legal frontier in its nascent stages.

Who is your favorite Supreme Court Justice?

RBG.

What is your favorite legal movie?

On the Basis of Sex

Besides Rob Wiley, P.C., what is the most interesting job that you have had?

I had a brief stint as a preschool teacher, and it was the best job ever. My students were the cutest stress relievers I could have ever asked for.


What is your favorite food?

Barbecue.


What’s the best part of living in Dallas, TX?

Being close to my family again after 11 years away in DC. Dallas has changed so much since I was growing up. It is way more diverse now and has a very solid food scene.

What skills do you value as an employment attorney?

I think the three main skills you need to be a good employment attorney are reading (tons of cases, briefs, motions, etc.), writing (complaints, oppositions, motions, etc.), and having the emotional intelligence and interpersonal skills to interact with clients, witnesses, mediators, judges, deponents, court clerks, opposing counsel, etc. The role requires a lot of interacting with people in various roles with varying goals. An employment attorney needs to know how to approach every conversation appropriately.


Have you ever learned something from one of your clients?

Every single day. In listening to my clients, I obtain additional data points on how Defendants or Respondents operate in different corporate or governmental settings. Every case is different. Each charge, claim, or lawsuit begins with a story, and that story belongs to the client. Clients know all the contours of their workplace and the relevant personalities far better than their lawyer ever will. If clients are empowered to know what is going on in their case from the start, they can offer a wealth of knowledge, insight, and perspective to help their lawyer succeed. Clients may not know all the legalese and jargon involved, but once they are steered in the right direction, they know where to look or who to talk with to get the most critical information. The more a lawyer listens to the client, the more the lawyer learns each time.