Discrimination based on age is a problem that continues to plague American workplaces. It happens when an employer treats an employee or job applicant less favorably due to their age. According to the US Equal Employment Opportunity Commission, over 10,000 workers filed age discrimination claims with the agency in 2022. In the Tarheel State, it is illegal to discriminate against workers over 40. In this article, we will discuss how to prove age discrimination.
Contact us today at (336) 724-2828 to arrange a meeting at our offices in either Winston-Salem or Charlotte. Alternatively, you can complete our online contact form, and a member of our team will reach out to you promptly.
Which Laws Make Age Discrimination Illegal in North Carolina?
Under the Age Discrimination in Employment Act (ADEA), employers may not discriminate against workers over 40 due to their age. This covers all aspects of employment, including:
- Hiring,
- Firing,
- Job promotions,
- Interviews,
- Compensation and benefits,
- Training,
- Job assignments, and
- Harassment.
However, the law does not apply to everyone. The ADEA only applies to those who work for the federal government, a state government or local government, labor organizations, employment agencies, and organizations with 20 or more employees. It also protects employees who file age discrimination claims, meaning that employers aren’t to take retaliatory action against an employee for filing one.
Under North Carolina’s state employment discrimination law, age discrimination is slightly different. The North Carolina Equal Employment Practices Act forbids discrimination based on race, color, national origin, religion, sex, disability, or age. But unlike the ADEA, North Carolina’s law does not provide a private right of action, meaning there is no right to collect compensation in the statute. However, age discrimination can be the basis for a common law claim of wrongful discharge in violation of state public policy.
How Do I Prove Age Discrimination at Work?
To establish an age discrimination claim, a worker must show that they:
- Were older than 40 at the time of the action;
- Were qualified for the job and met the employer’s legitimate expectations;
- Suffered an adverse employment action; and
- That they were fired because of the employee’s age.
The claimant must also prove that “but for” age discrimination, the adverse action would not have taken place. So, what evidence do you need to prove it?
Evidence of Age Discrimination
How hard is it to prove age discrimination? There are several ways a claimant can show evidence of age discrimination. Having direct evidence of discrimination is ideal but not always available. Instead, most claimants submit indirect or circumstantial evidence to prove their case. Here are some examples:
- Showing that a younger worker replaced you;
- Show that the employer implemented a policy that negatively impacted older workers;
- Show that colleagues with similar capabilities received better treatment by the employer;
- Provide evidence of previous job evaluations that you were adequately performing your duties as outlined by the employer; and
- Collecting witness statements.
It is important to remember that even if a worker can establish age discrimination, the employer has the opportunity to provide a legitimate, nondiscriminatory reason for their decisions. If the employer fulfills this, the employee can establish that the reason still intentionally discriminates based on age.
What If I’m Asked to Waive My ADEA Rights?
Sometimes, an employer will ask complainants to waive their rights to reach a settlement agreement. These waivers can also be part of severance agreements or other employment termination programs. If you’ve consulted with an employment law attorney and determined this is the best route, any waiver must adhere to the ADEA and EEOC’s strict requirements. However, you should never sign away your rights before speaking to an attorney.
What Remedies Are Available?
While nothing can undo the discrimination you experienced, you may be entitled to monetary and other remedies by proving your claim. Under the ADEA, a successful plaintiff may receive:
- Back pay for any owed wages,
- Compensation for future missed wages,
- Liquidated damages, and
- Attorney’s fees.
The EEOC may impose additional measures on an employer, like forcing the employer to hire the fired employee for a new position, rehire them to their previous position, or even be forced to offer a promotion. However, every case is unique and fact-specific.
Protect Your Rights
Every worker deserves to be treated with respect, regardless of sex, national origin, religion, disability, or age. However, proving age discrimination in North Carolina can seem like a monumental task. If you have faced discrimination at your workplace due to your age, you have the right to fair treatment and compensation. If you feel lost, the team at EMP Law is here to help. Call us today at (336) 724-2828 to schedule a consultation at either our Winston-Salem or Charlotte offices. You can also fill out our online contact form, and our staff will contact you.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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