Age Discrimination Attorneys
If you are dealing with an age discrimination claim, then you need an experienced age discrimination attorney on your side. The application of the Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA) to everyday business seems obvious; however, most lawsuits that involve an age discrimination claim derive from factual scenarios that seemingly have nothing to do with an employee’s age. For example, many employers during recent difficult economic times have been forced to confront workforce reduction. Most employ reasonable and legal standards for that reduction, such as department shutdown or seniority as a basis for culling their workforce. Unfortunately, many forget to consider the age of the employees designated for layoff, much less document the valid reasons behind the layoff. This oversight exposes the unwary employer to possible liability.Work with Devine Law, the Lancaster Age Discrimination Attorney.
Age Discrimination at Work
Similarly, change and/or reduction in an existing benefit plan or retirement plan can result in unforeseen exposure under the OWBPA. A change that adversely impacts older workers, even if the change is not in any way intended to adversely impact older workers, will expose employers to liability for disparate treatment or disparate impact. Because of these difficult economic times, we have witnessed an increase in these types of lawsuits.
An experienced age discrimination attorney can help in a court case. There are a number of things a court will examine to determine if an employer’s business practice or company policies are consistent with “reasonable factors other than age” (RFOA). The court will consider how RFOA is associated with the company’s business purpose. Whether managers, as well as supervisors, had adequate training on how to make decisions that would avoid age discrimination. If an employer understood the negative impact its policies and practices had on older employees and more.
An employer can defend their decision by explaining an older employee does not perform their job responsibilities as expected with their level of pay. They can also try to show that an economic downturn, as well as a failure in their industry, caused certain decisions. This could successfully explain the terminations and demotions of some older workers.
Age classification is acceptable when physical testing is required to perform in a demanding occupation. It is an essential way for a company to determine if an employee has the required physical and mental qualifications to perform the job. This could apply with such occupations as pilots or heavy machine operator and more. In this case, the goal is to maintain public safety.