In Difficult Economy, Older Workers Especially at Risk
As businesses struggle throughout Texas, the impetus to replace older, more expensive workers with younger employees puts older workers increasingly at risk of age discrimination.


June 26, 2009 /24-7PressRelease/ -- In Difficult Economy, Older Workers Especially at Risk

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In 2008 alone, there were 24,582 charges of age discrimination across the United States. Unfortunately, in 2009, that number looks to be significantly larger, thanks to the recession and the sluggish economy. As businesses throughout Texas work to stay afloat, older employees are often released in favor of younger workers.

Closer to home,2008 saw 7371 layoffs in Tarrant County, Texas, which is more than double the 3008 jobs lost in 2007. Throughout Texas, large job cuts came from Health Markets in North Richland Hills, who cut 191 jobs in November; Fort Worth's ACS, who cut 450 jobs in June; and Lockheed in White Settlement, who slashed 300 jobs in January. As more and more layoffs occur, companies look to keep their younger employees and often force older employees into an early retirement. Fortunately, there are legal protections in place that make forced early retirement unlawful in certain situations.

Chapter 21 of the Texas Labor Code specifically protects employers from releasing workers solely based on age. Written to comply with federal laws -- specifically, the Age Discrimination in Employment Act of 1967 (ADEA) and the Age Discrimination Act of 1975 -- the Texas law protects the right to work of employees who are 40 years of age or older.
The protection provided by both the state and federal statutes extends to any term, condition or privilege of employment, including promotions, compensations, training and benefits. Thus, if your employer denied you health insurance, cut your retirement investing or refused compensation otherwise provided to other employees, you may have grounds for a lawsuit.

The first step in an age discrimination case -- and potentially the most difficult -- is determining whether you have been terminated based solely on your age. Employers have methods of using early termination practices to their advantage, but knowing your rights is the first step towards protecting yourself against age discrimination.

If you feel that you have been wrongly terminated, denied benefits or refused promotion solely based on your age, you may have the right to file a claim. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the ADEA and for conducting litigation. The first step in pursuing an age discrimination claim will often be to file a charge with the EEOC. If the EEOC does not find evidence of discrimination, you have 90 days to file a private lawsuit. Even if you are waiting for the EEOC to investigate your claim, you can still contact an attorney to discuss your case and determine if further legal action needs to be taken. Luckily, in every case, you will be given an opportunity to file your own lawsuit after the EEOC has conducted their investigation.

Even if you chose to seek legal action, your rights are still protected by the ADEA. These laws prevent any retaliation by your employer, and apply to all companies with 20 or more employees including state and local governments.
If you are over 40 years old, you have the right to work and maintain your quality of life. As the economy continues its downward spiral into recession, more jobs will be lost. If you have been laid off, passed over for promotion or denied benefits based solely on your age, you have the right to seek legal action. Contact the EEOC immediately and consult an attorney in your area to determine the best course of action.

A Note About the Age Discrimination Act of 1975

The Age Discrimination Act of 1975 prohibits discrimination based on age in any organization or company receiving federal financial assistance. If you believe your company is practicing unfairly, you have the right to report that company to the Equal Employment Opportunity Commission. Any company or organization found guilty of age discrimination can lose their federal funding.

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