Age Discrimination

Age Discrimination in Employment is Unlawful

Federal and Colorado law prohibit age discrimination in employment.

Murray Law welcomes the opportunity to provide dedicated counsel and representation to persons subjected to age discrimination in employment. Steven Murray has successfully represented individuals, asserting age discrimination in employment claims, in lawsuits before the United States District Court, including obtaining jury verdicts and resolutions on behalf of clients in actions before the United States District Court for the District of Colorado.

Age Discrimination Law

The Age Discrimination in Employment Act [ADEA], a federal law, prohibits age discrimination in employment. The ADEA covers employers with 20 or more employees.

The Colorado Anti-Discrimination Act [CADA], a Colorado law, prohibits age discrimination in employment. The CADA, in contrast to the ADEA, applies to employers with one or more employees.

The ADEA and CADA prohibit discrimination against persons who are age 40 or older. The purpose of the ADEA is to promote the employment of older persons based on their ability, rather than age, and to prohibit arbitrary age discrimination in employment.

Age discrimination includes employment actions because of age, including but not limited to:

  • Hiring or Discharge.
  • Discrimination re: terms, conditions or privileges of employment.
  • Discrimination re: compensation, wages, or benefits.
  • Discrimination re: promotion, demotion, job assignments, or layoff.
  • Limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status because of the person’s age.
  • Denying a person employment opportunities because of age-based stereotypes.
Retaliation

An employer may not retaliate against any employee, former employee, or applicant by taking an adverse action because the individual engaged in lawfully protected activity under the ADEA or the CADA. The law prohibits an employer from discriminating against any individual, through retaliation, because the individual opposed any practice believed to be unlawful under the ADEA/CADA or participated in an employment discrimination proceeding, i.e. the individual made a charge, assisted, testified or participated in any investigation, litigation, or proceeding under the ADEA/CADA.

Harassment/Hostile Work Environment

An employer may not subject an employee to a hostile work environment because of the person’s age.

Administrative Proceedings

A person seeking relief for age discrimination or retaliation under the ADEA or the CADA must file an administrative charge before filing a civil action in court. A charge of age discrimination must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division within 180 days of the last discriminatory action. The filing of discrimination charge with either agency is deemed jointly filed with both agencies.

A person filing an EEOC complaint based on age discrimination may file a lawsuit 60 days after filing the EEOC charge, without having received a “right to sue” letter from the EEOC.

Conclusion

Murray Law welcomes the opportunity to provide provides counsel and representation counsel to any person who believes that he or she has been deprived of the vital legal right to be free from age discrimination in employment. Please contact Steven Murray at 720-600-6642

Contact Us
Contact Us