Fighting For Those Who Have Experienced Discrimination Based on Their Age in Indiana
At Biesecker Dutkanych & Macer, LLC, we believe that every employee deserves to be treated fairly and with respect, regardless of their age. Our dedicated team of age discrimination attorneys in Evansville is committed to protecting the rights of older workers who have been subjected to unfair treatment due to their age.
With extensive experience in Employment Law, our lawyers are equipped with the knowledge and expertise required to handle complex cases involving age discrimination. We understand the intricacies of federal laws such as the Age Discrimination in Employment Act (ADEA) and other state-specific employment laws that protect workers from being discriminated against based on their age.
Get in touch with a qualified Indianapolis age discrimination attorney at Biesecker Dutkanych & Macer, LLC. Complete our online form or dial (888) 424-9253.
Fight For Your Rights Against Unfair Treatment
If you've been denied a job opportunity or promotion, unfairly laid off or subjected to a hostile work environment because of your age, our experienced lawyers can help you seek justice and compensation for your losses. We work tirelessly on behalf of our clients, advocating for them throughout every step of the legal process.
When Interviewing, Can An Employer Ask About My Age?
During a job interview, employers are generally discouraged from inquiring about an applicant's age. Such inquiries may be perceived as discriminatory, as age should not be a consideration in hiring decisions. Federal legislation protects people over the age of 40 from age-based employment discrimination, including hiring practices.
While there are circumstances where age may be a bona fide occupational qualification, employers must use caution in this area. Employers are urged to emphasize on an applicant's credentials, experience, and ability to perform job duties rather than openly asking about age. This method assures that employment decisions are made on merit and skills rather than age, lowering the likelihood of age discrimination claims.
Examples of Age Discrimination
Some common examples include:
Hiring Practices: Employers might favor younger candidates over older, equally or more qualified candidates, either by explicitly stating a preference for a “recent graduate” or by subtly excluding older applicants.
Promotion and Advancement: Older employees might be overlooked for promotions or professional development opportunities in favor of younger employees, despite having more experience or a longer tenure with the company.
Job Assignments: Assigning less desirable tasks or shifting responsibilities away from older employees can be a form of age discrimination, especially if these changes reduce opportunities or pay.
Harassment: Age-based harassment can include derogatory comments, jokes, or insults aimed at an employee’s age. This behavior not only creates a hostile work environment but also can be part of a broader pattern of discrimination.
Termination or Forced Retirement: Employers might force older workers to retire or terminate them under the guise of “restructuring” or “downsizing,” disproportionately targeting older employees.
Negative Performance Reviews: Employers might unfairly criticize an older employee’s performance as a pretext for demotion, denial of a raise, or termination, often without legitimate reasons.
What Proof Do I Need in an Age Discrimination Case?
Here are some key elements that can be used as proof in an age discrimination case:
Direct Evidence: Direct evidence includes explicit statements or actions by an employer that clearly indicate age as the reason for the discriminatory action. This could be a remark like, “We need someone younger for this role,” or an email suggesting that the company should target younger candidates.
Circumstantial Evidence: Circumstantial evidence involves showing that an employer’s actions disproportionately affected older employees or that the employer’s stated reason for the action is a pretext for discrimination. For example, if an older employee is terminated and replaced by a significantly younger person with less experience, it may suggest age discrimination.
Comparative Evidence: This involves comparing the treatment of older employees with that of younger employees in similar situations. If younger employees are being promoted, assigned more favorable tasks, or retained while older employees are not, this could indicate discrimination.
Statistical Evidence: Statistical data showing a pattern of adverse actions against older employees within a company can be powerful evidence. If a company has a history of terminating employees over a certain age or disproportionately hiring younger workers, it could support an age discrimination claim.
Documentation and Records: Keeping thorough records of your job performance, performance reviews, communications with supervisors, and any incidents that suggest discrimination is crucial. This documentation can help build a case by demonstrating inconsistencies or discriminatory patterns.
Witness Testimony: Colleagues who have witnessed discriminatory practices or overheard ageist remarks from supervisors or management can provide valuable testimony to support your case.
Contact Our Age Discrimination Attorney in Indianapolis Today
Experiencing age discrimination in the workplace can be devastating. It is detrimental to employees' careers and well-being. At Biesecker Dutkanych & Macer, LLC, our committed team of Indianapolis employment attorneys stands ready to provide the customized attention that only a small, close-knit practice like ours can offer. We are honored to be recognized by respected organizations such as Super Lawyers and Martindale-Hubbell, which attests to our dedication to excellence.
We are here to help you through the legal complexity, seek justice, and develop a more inclusive workplace for all. If you are a victim of age discrimination at your workplace, do not hesitate to reach out.
Contact Biesecker Dutkanych & Macer, LLC online or call (888) 424-9253 for a thorough review and professional representation in your case with our Indianapolis age discrimination lawyers.
