Age discrimination in the workplace is prohibited under the Age Discrimination in Employment Act (ADEA) and Colorado law. McCurdy & Eichstadt is dedicated to protecting the rights of employees who face discrimination based on age.
Specifically, a company may not discharge or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment, due to the person’s age. To prevail on an ADEA claim, it must be shown that the employer would not have taken the employment action (termination, failure to hire, or less favorable treatment) except for the employee’s age. The employee’s age must have been the factor that made a difference.
It is unlawful for employers to discriminate against employees or job applicants who are 40 years of age or older based on age. This includes unfair hiring practices, denying promotions, or forcing early retirement. Colorado law reinforces these protections, ensuring that older workers are treated fairly.
The ADEA applies to employers with at least 20 employees. It protects individuals who are at least 40 years of age. As with Title VII, among other things, an employee (or former employee) may show that he/she was unlawfully:
(a) terminated; (b) subjected to a hostile working environment; (c) not hired; or (d) treated significantly worse than others not in the protected class.
However, the burden of proof and remedies in an Age Discrimination in Employment Act claim differ from those in Title VII.
A company also may not retaliate against any employee for opposing age discrimination or participating in protected activities, including complaints or investigations of age discrimination. An employer has engaged in unlawful retaliation under the ADEA if there is:
(1) protected opposition to ADEA discrimination act or participation in an ADEA proceeding; (2) adverse action by the employer subsequent to or contemporaneous with such protected activity; and, (3) a causal connection between such activity and the employer’s adverse action.
At McCurdy & Eichstadt, we have the experience and knowledge to navigate the complexities of age discrimination cases. We will work with you to gather evidence, build a strong case, and pursue the compensation you deserve for any harm suffered.
If you’ve been subjected to age discrimination, contact McCurdy & Eichstadt today for a consultation.
Our Expertise Includes
Handles private sector employment disputes, focusing on discrimination, retaliation, and rights under laws like the ADEA, Equal Pay Act, FLSA, FMLA, Title VII, USERRA, ADA, and CADA. Excludes cases involving governmental employers and civil rights claims outside employment.
Addresses employment-related issues beyond statutory discrimination, including wrongful termination, severance agreements, non-compete and confidentiality disputes, off-duty activities, and wage disputes upon separation.
Offers estate and tax planning, wills and trusts creation, succession planning, probate administration, and litigation related to will contests and fiduciary responsibilities to secure clients' financial futures.
Provides legal support for the formation, operation, and dissolution of business entities, ensuring compliance with legal requirements for corporations, partnerships, and LLCs.
Supports commercial and residential real estate dealings, including contract drafting and review, negotiations, and legal compliance for property transactions.
Represents individuals and businesses in tax disputes, offering guidance on federal, state, and local tax laws to minimize liabilities and resolve controversies with tax authorities.
Disclaimer: The content on this website is intended to be general information only and not legal advice. Nothing herein creates an attorney-client relationship, nor does any reliance on anything herein. Laws change frequently and some laws vary from state to state. The content on this website may not be up to date, and information provided is not intended to be fully comprehensive. For legal advice specific to any particular situation, please contact McCurdy & Eichstadt, P.C. directly, or another licensed attorney or law firm.
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