Procedure to file Age Discrimination Act
When an employee faces discrimination on the base of his/her age, being a U.S citizen he/she is allowed to file a charge against his/her employer. For filing a charge against the employer, an employee should consult with a lawyer to file a case within the court. Try to find the best attorney in your area for strong representation of your employment related case. An employee should file a charge against the employer as soon as possible, but it can be filed within 180 calendar days.
Some info about ADEA
The Age Discrimination Act of 1967 in United States is a law that prevents discrimination of employees working under any employer. This law is applicable only to those workers who are 40 years of age or older. This law was passed in 1967 by the Democratic Party for those employees who were facing difficulties because of their age. Employers at that time were creating hurdles in recruitment and retaining of employees over 40. The age discrimination act applies only to those employers who have more than 20 employees.
Agency responsible for implementation of Age Discrimination Act
Equal employment opportunity commission (EOOC) is a federal agency that plays the role of mediator between the employees and employer. EOOC also helps employees to handle all disputes regarding age discrimination against the employer. This agency has the authority to look over and solve cases filed by employees. This agency on their behalf, can also sue the employers who are violating the age discrimination act. EOOC also has an online system for the assessment of your case. They have a questionnaire designed to assess the case of an employee. Applicants have to file a questionnaire and take a printed copy to EOOC office to initiate the process of filing. Although state government workers do not have the right to sue their employers, the EOOC has the right to sue the state to protect state employees.
Aspects of employment covered under ADEA
- Job assignments and transfers
- Employee classifications
- Layoffs and recalls
- Training and apprenticeship programs
- Retirement plans, and
- Time off.
Under the age discrimination act, employees are covered and employers are bound by the court to do any or all of the following:
- If a worker is discriminated based on his/her age and his/her selection or promotion is compromised, court orders to payback all the compromised benefits.
- Court orders the employer to cut off all types of discriminatory practices for the future.
- Court authorizes employee to reimburse all money of his/her spent during the legal procedure including bankruptcy court fees, bankruptcy attorney fees and witness fees.
- Foreign nationals working in the U.S with work permits are also eligible for age discrimination act. If an employer unlawfully fires a worker on the basis of his age, then the court has authority under this law to restore the worker to his/her position in the company and provide him/her all the benefits compromised.