
Connecticut Age Discrimination Lawyers
We Handle Age Discrimination Cases Throughout Connecticut
To many employers, age is more than just a number. It is a reason to discriminate against certain employees when they are making hiring and firing decisions. Connecticut is governed by many strict laws that prohibit age discrimination. According to the Connecticut Commission on Human Rights and Opportunities, complaints of age discrimination in the workplace are some of the most common they receive. It is not acceptable. Older workers should not be judged based on unfair stereotypes.
At Carey & Associates, P.C., our Connecticut age discrimination attorneys are committed to providing solutions-focused advocacy to clients. We believe that every worker should be treated fairly and assessed based on his or her actual qualifications. If you or your loved one was subject to unlawful age-based discrimination in hiring, promotion, or employment, we are here to help. Contact us today for a confidential consultation with a top Connecticut age discrimination lawyer.
An Overview Of State and Federal Laws Regarding Age Discrimination
Under the Age Discrimination and Employment Act, it is illegal for employers to discriminate against any worker older than 40 years of age. The Connecticut General Statutes Section 46a-60 also prohibits discriminating against an employee because they are of a certain age. Employers are not only prohibited from discriminating against older employees, but they must also respond to any complaints of harassment based on a person’s age.
Here are the elements of an age discrimination case in Connecticut:
- You are Protected Under the Law: To bring an age discrimination claim, you must be within the protected age group (40 or older) and work for an employer covered by the Connecticut Fair Employment Practices Act (CFEPA) and/or the federal Age Discrimination in Employment Act (ADEA).
- You Suffered an Adverse Employment Action: Next, you must show that your employer took negative action against you. Some examples include termination, demotion, pay reduction, or denial of promotion. Without some form of adverse action, there is no viable age discrimination claim against an employer.
- Age Was a Motivating Factor: Finally, you must provide evidence that age was a motivating factor in the employer’s decision. It could include comments about your age, a sudden change in how you’re treated compared to younger workers, or a pattern of older employees being replaced by younger ones. Direct or circumstantial evidence can both be used to support your age discrimination claim in Connecticut.
For example, June is 60 years of age and is applying for a job as an administrative assistant. The person responsible for the hiring may tell her that she is not eligible for the job because she will be retiring soon. This is a fairly obvious form of age discrimination and in this case, June would have a legal claim against the employer.
Know The Exceptions to Age Discrimination Laws
It is important to distinguish age discrimination from the legitimate seniority systems followed by many businesses. For example, Mark maybe 50 years old and has worked for an employer for the past five years. Rick is only 35 but has been working with the same employer for the past ten years. If the employer has to lay employees off and uses the seniority system to decide which employees to let go, they would choose to keep Rick because he has more seniority than Mark. As long as the employer regularly uses the seniority system, this is not a case of age discrimination.
Certain occupations, such as firefighters and police officers, sometimes have legal age requirements that exempt them from state and federal age discrimination laws. Any employee older than the age of 65 and who has worked in a policy-making or executive position for at least two years can face termination if they have a pension or other benefits that will provide a minimum of $44,000 per year.
Lastly, under the law, you must also be qualified for a job. If you are not able to perform a certain job, you can legally be fired or denied employment. For example, a construction company may need a worker who can lift up to 100 pounds regularly. If a 60-year-old applied and did not meet that requirement, the employer could choose not to hire them without fear of facing an age discrimination claim.
Common Signs of Ageism in the Workplace
Ageism is rarely obvious in the workplace. Employers know the consequences they face for violating someone’s rights so, they try to do it quite subtly. As a result, workers of a certain age may feel as though they are being discriminated against, but they are not sure. This is where an age discrimination lawyer is of great help, as they can determine if discrimination occurred. In the meantime, some of the most common signs of ageism in the workplace are as follows:
- You were fired from your job so your boss could replace you with a younger employee.
- You lost your job during a massive layoff, but the majority of employees affected are over the age of 40.
- You were denied a job you applied for because you are overqualified or too experienced.
- Your main employment duties have been given to someone else who has a longer career ahead of them.
- Your employer has told you that you will be unable to learn a new skill, particularly when it is commonly associated with younger people.
- Your performance reviews suddenly became more negative after you reached a certain age.
- Your employer or co-workers regularly make derogatory comments about your age, such as the fact that you are over the hill.
- Your employer regularly asks you when you are going to retire.
Unfortunately, the above are just a few of the most common signs of ageism. Any time you believe you have been subjected to this type of behavior, it is critical that you speak to an age discrimination lawyer who can advise on your case. Every case is different. An experienced Connecticut employment attorney can help you determine whether your rights have been violated under state or federal law. Your lawyer can also assist in gathering the evidence needed to support your claim and take appropriate legal action.
Steps to Take If You Suspect Age Discrimination in Connecticut
Do you suspect that you were subject to age discrimination in the workplace? Whether it was in hiring, promotion, or any other workplace matter, you have important legal rights. A proactive approach is key to protecting your career. Here are some of the key steps to take if you suspect that you were the victim of age-based discrimination in Connecticut:
- Document It: All successful discrimination cases are built on a strong foundation of supporting evidence. If you believe you are being targeted due to your age in Connecticut, you should begin documenting everything. Keep detailed records of discriminatory remarks, changes in job responsibilities, unfair performance reviews, or any adverse employment actions. Among other things, you should save emails, written communications, and performance evaluations. Having clear, dated evidence is crucial in proving a pattern of discriminatory treatment. The more documentation you have, the stronger your case will be.
- Report It: You have the right to report suspected age-based discrimination without facing retribution for your employer. Indeed, both Connecticut’s age discrimination law and federal age discrimination law include anti-retaliation provisions. You should make a formal complaint within your company, preferably in writing. You can report the issue to your supervisor, HR department, or whoever handles employee grievances. If you are punished for complaining about age discrimination, you may have a viable retaliation claim.
- Speak to a Lawyer: Professional legal representation can make the difference in an age discrimination claim. A Connecticut employment attorney can evaluate your situation, explain your legal rights under state and federal law, and help you understand the strength of your claim. They can also guide you through the process of filing a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) and/or the Equal Employment Opportunity Commission (EEOC).
How Our Connecticut Age Discrimination Lawyer Can Help
Age discrimination can make life in the workplace extremely difficult, but it is crucial to remember that you have rights. If you or your loved one was subject to age-based discrimination in the workplace, you do not have to take on the legal process alone. Mark Carey has built a team of attorneys who are prepared to be by your side each and every step of the way. Our client testimonials show what we can do for employees. When you contact us at our Southport law office, you will have an opportunity to consult with a Connecticut discrimination lawyer who can:
- Conduct a comprehensive, confidential review of your age discrimination case;
- Investigate the allegations, gathering the evidence you need to support your case;
- Represent you in any settlement negotiations with your employer; and
- Develop a strategy focused on helping you find the best possible outcome.
Contact Our Connecticut Age Discrimination Lawyers Attorney Today
At Carey & Associates, P.C., our Connecticut age discrimination can make life in the workplace extremely difficult, but it is crucial to remember that you have rights. At Carey & Associates, P.C., our age discrimination lawyers know how to ensure those rights are upheld, and will help you recover any damages you sustained as a result of the unfair treatment. Call us at (203) 255-4150 or contact us online for a fully confidential, no obligation initial consultation. We handle workplace age discrimination claims throughout Connecticut.
Age Discrimination in Employment: A Most Invisible Prejudice... 35 min read
By Chris Avcollie Age Discrimination in Employment: A Most Invisible Prejudice... In some ways, Western culture teaches us to honor and to respect our elders. The fifth Commandment in the Judeo-Christian tradition is: Honor your father and your mother... Exodus 20:1-21. But in many contexts, Americans are predisposed to hold negative views of older persons. ...
Practice Areas
- Employment Counseling
- Pregnancy Discrimination
- Disability Discrimination
- Age Discrimination
- Severance Negotiations
- Sexual Harassment
- Executive Compensation
- Racial Discrimination
- Wage and Overtime
- Sexual Orientation
- Whistleblower Protection
- Family Medical Leave Act
- Pension Disability
- Employment Defamation
- Religious Discrimination
- Noncompetition Agreements
- Wrongful Termination
- Retaliation Discrimination
Client Testimonials
Mark and his team at Carey & Associates are incredibly knowledgeable about Employment Law and have walked me through every step of the way. Their approach and guidance has been extremely effective in dealing with my case. They instill a sense of confidence by laying out the facts, caselaw, and risk assessment to help make well informed decisions. I would highly recommend them to anyone looking for an Employment Attorney.
J.K.
Contact us for more