What is Retaliation at Work?

Retaliation in the workplace is illegal, and it should be reported as soon as possible. An employer, however, may create a hostile work environment that deters an employee from reporting any actions they have taken. For example, many of the examples of age discrimination listed above may become retaliatory tactics if an employee reports suspected age discrimination. An employer may also act against an employee in other ways. If an employee is afraid to make a complaint because they fear retaliation, they may be working in a hostile environment.

What is Wrongful Termination?

Wrongful termination may occur when discrimination takes place. We look at each case carefully because we may discover that there are two different complaints. We are not afraid of filing a claim for both actions, and we will ensure that the employer is held accountable for their actions. If an employee was let go from their job only to realize they experienced age discrimination, speak to one of our employment lawyers right away. We will investigate each case to understand how discrimination played a part in the termination.

What are Other Forms of Discrimination?

Victims may also be subjected to other forms of discrimination that require their own complaint. If victims are subjected to any of the following forms of discrimination, reach out to us as soon as possible for assistance: Disability discrimination Gender discrimination LGBTQ discrimination National origin discrimination Pregnancy discrimination Race discrimination Religious discrimination This list is not exhaustive by any means, but these are examples of discrimination in the workplace that employees should be aware of. There are also cases in which the client experiences more than one type of discrimination at work. Document any discrimination experienced or witnessed and provide that information to an age discrimination lawyer.

Can I Recover Damages for Age Discrimination?

If a victim experienced age discrimination, they may be awarded damages for: Lost wages or back pay Lost earning potential Lost benefits Pain and suffering Punitive damages Legal fees An employer may be ordered to pay back lost wages because an employee was asked to leave, was forced to retire, or was terminated close to their retirement date. The court may also require an employer to pay for lost earning potential because growth in their field was stunted by the employer’s actions. This can be especially devastating if an employee must start over at a new company.

Age Discrimination

Philadelphia Age Discrimination Lawyer

At The Gold Law Firm P.C., our attorneys have represented men and women who have experienced the demeaning and humiliating consequences of age discrimination in the workplace. We have handled numerous age discrimination cases with excellent results, recovering damages on behalf of older employees who have suffered discrimination or harassment. In addition to providing exceptional legal representation to our Philadelphia clients, we have significant experience representing individuals improperly displaced from their employment as a result of age discrimination across the region.

What Is Age Discrimination in Philadelphia and Pennsylvania?

Age discrimination involves treating an applicant or employee less favorably because of their age. Although discrimination based on age is illegal, employers regularly discriminate against people over 40 years old when hiring, promoting, and offering training opportunities.

Likewise, when companies implement reductions in the workforce and layoffs, quite often it is older employees and managers who are the first to be demoted and let go, despite their abilities. Older American workers often assume that they should be let go because it is the right business decision, but they often do not realize they may be victims of age discrimination.

Federal and Local Laws That Protect You (ADEA, PHRA)

Our legal team knows and understands the various federal, state, and local protections that may apply to a potential age discrimination claim.

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that protects individuals who are 40 years of age or older from employment discrimination based on age. This law applies to employers with 20 or more employees and prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, and benefits.

Pennsylvania Human Relations Act (PHRA)

At the state level, the Pennsylvania Human Relations Act (PHRA) makes it unlawful for employers with four or more employees to discriminate against individuals aged 40 and older. The PHRA is a critical tool for older workers seeking justice within the state.

Local Rights: Philadelphia Commission on Human Relations

If your employer is located in the city, you are also protected by local ordinances. You can file a discrimination complaint with the Philadelphia Commission on Human Relations (PCHR) if the discriminatory conduct took place within city limits.

Common Examples of Age Discrimination

Employers can be quite skillful when they want to hide discriminatory practices. Some covert but common examples of age discrimination include the following:

Hiring and Promotion Bias

Refusing to hire qualified older applicants simply to maintain a “youthful” company image.
Promoting a younger, less experienced employee over an older, highly skilled worker.
Passing over an older employee for a well-deserved raise to give the funds to younger staff.

Layoffs and Workforce Reductions

Targeting the oldest, most highly compensated workers first when experiencing economic difficulties.
Laying off older workers who received good evaluations while retaining younger workers.
Removing older employees and systematically replacing them with younger employees.

Unequal Training or Benefits

Compensating younger employees with less skill at a higher level than older employees.
Denying an older worker the opportunity to take a training course or blocking investments in their continued growth.

Biased Performance Evaluations

Giving an older employee an undeserved poor performance evaluation and using those false records to justify a demotion.
Supervisors providing feedback that an employee was “too old,” “not flexible,” or lacked a “youthful approach.”

Forced Early Retirement

Pressuring or forcing an older employee to take an early retirement against their will.

How to Prove an Age Discrimination Claim

Age discrimination may be proved when a high percentage of older employees and managers are being let go compared with younger, less experienced employees. If you suspect you are being targeted, here is the standard timeline for pursuing justice:

Report internally to HR: If your company has a human resources department, report the discrimination internally and document all communications.
File with PHRC and/or EEOC: File a formal complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission. If you are in the city of Philadelphia, you can also file locally with the PCHR.
Wait for a Right-to-Sue letter: The agency will investigate the claim and subsequently issue a right-to-sue letter, giving you the green light to take your employer to court.
Move to litigation: With your attorney’s help, file a formal lawsuit in civil court.

Retaliation and Hostile Work Environment

Retaliation in the workplace is illegal and should be reported as soon as possible. The ADEA prohibits employers from retaliating against an individual for opposing employment practices that discriminate based on age, or for filing a charge and participating in an investigation.

If an employer creates a hostile work environment that deters an employee from reporting these actions, or if an employee is afraid to make a complaint because they fear retaliation, a qualified age discrimination attorney can step in to protect them.

What Compensation You Can Seek

If a victim experienced age discrimination, our legal team will work to recover all remedies and monetary compensation available under the law. We pursue damages for the following damages:

Lost Wages and Back Pay: Compensation for the income you lost because you were asked to leave, forced to retire, or wrongfully terminated.
Future Earnings Loss: Damages for lost earning potential if growth in your field was stunted by the employer’s actions, especially if you must start over at a new company.
Lost Benefits: Restoration of retirement and health benefits that were lost when you were terminated or resigned.
Emotional Distress / Pain and Suffering: Compensation for the mental toll and damage to physical or mental health caused by the discrimination.
Legal Fees and Punitive Damages: The court may force the employer to pay your attorney fees, as well as punitive damages, which act as a strict warning to other companies.

Frequently Asked Questions

What age is protected under ADEA and PHRA?

Under both the ADEA and the PHRA, individuals who are 40 years of age and older are protected from age-based employment discrimination.

Can someone under 40 claim age discrimination in PA?

Generally, no. The ADEA and PHRA do not protect workers under the age of 40 from age discrimination.

How long do I have to file a claim with EEOC and PHRC?

Deadlines vary depending on the agency. You typically have 180 days to file a complaint with the PHRC. Under the EEOC, because Pennsylvania has state laws protecting against the same discrimination, the deadline is extended to 300 days. The PCHR also requires complaints to be filed within 300 days.

What evidence proves age discrimination?

Evidence can include direct age-related remarks from supervisors, policies that disproportionately target older workers, highly rated older employees being replaced by younger workers, or a statistical pattern of layoffs affecting older managers while younger staff are retained.

Philadelphia Age Discrimination Attorneys at The Gold Law Firm P.C. Are a Wise Choice to Protect Your Rights

Our trusted Philadelphia age discrimination attorneys at The Gold Law Firm P.C. have decades of experience protecting the rights of older workers across Southeastern Pennsylvania and South Jersey. We have achieved outstanding results, including a $1.2 million settlement in an age-discrimination suit against the City of Philadelphia. We know how to determine the validity of a claim under federal and local laws and will guide you through the entire legal process. Call our Philadelphia or Pennsauken, New Jersey, office location at 215-569-1999 or fill out our online contact form to schedule your free consultation.