It is a hyper-competitive job market out there. Unfortunately, many older workers—those in their 40’s, 50’s, 60’s, 70’s, etc—face unfair stereotypes from employers. There has been a persistent and unfair history of age-based discrimination in employment in our country. At Ace Law Group, we are committed to fighting for justice for older workers. Inthis article, our Las Vegas employment attorney explains the key things to know about age discrimination claims in Nevada.
An Overview of Federal and State Workplace Age Discrimination Laws
As with most other types of employment law issues, there are both federal laws and state laws in place to protect workers from age-based discrimination. These regulations are designed to protect older workers—which is generally defined as those being 40 years of age or older. Here is an overview of the relevant law that employees should be aware of:
- Federal Law: The Age Discrimination in Employment Act (ADEA) was signed into law by President Lyndon Johnson in 1967. It is a federal statute that prohibits employers from discriminating against employees or job applicants who are 40 years old or older. The law covers various aspects of employment, including hiring, promotions, job assignments, layoffs, and benefits. It applies to employers with 20 or more employees.
- State Law: NRS 613.330 is Nevada’s primary statute that bars discrimination in the workplace. Under the law, age is a protected characteristic. It forbids discrimination based on age in any term, condition, or privilege of employment. Though, unlike the ADEA, Nevada’s law extends its coverage to employers with 15 or more employees
Examples of Age-Based Discrimination that May Be Legally Actionable
In practice, age-based discrimination can manifest itself in a wide range of different ways. Indeed, each different type of case is unique and requires a comprehensive investigation. Age discrimination may be blatant or it may be more subtle. Here are some examples of employment practices that could constitute age-based discrimination in Las Vegas:
- Business Only Recruits Young Workers: Imagine that a Las Vegas tech startup advertises job openings with language that subtly discourages older applicants, such as seeking “digital natives” and “fresh, young minds” to join their “vibrant, youthful team.” The approach could create an age-biased hiring environment, primarily attracting applicants under 30. Older candidates with extensive experience in technology may feel excluded from applying. An older (qualified) applicant who was passed over may have a viable claim.
- Large Employer Constantly Denies Promotions to Older Workers: Another example of age discrimination is would be a Las Vegas hotel chain that has several older employees who have consistently been overlooked for promotions despite their qualifications and long-term dedication to the company. Management frequently justifies their decision by stating the need for “new perspectives” or “innovative thinking.” The pattern may be actionable.
- Company Targets Older Workers in Round of Layoffs: Imagine that during an economic downturn, a Las Vegas-based marketing firm has conducted multiple rounds of layoffs. However, data shows that older employees were overwhelmingly and disproportionately affected. The company claims these decisions are based on salary costs, as older employees are at higher pay scales. However, the pattern suggests a strategic move to reduce the presence of older staff.
What Should You Do If You Suspect Age Discrimination?
Were you the victim of age-based discrimination in the workplace in Las Vegas? It is a big problem and it should not be allowed to persist unchallenged. A proactive approach can protect your rights and your livelihood. Here are four steps to take:
- Know Your Rights: Knowledge is power. You should educate yourself on all applicable laws, such as the Age Discrimination in Employment Act (ADEA) and Nevada Revised Statutes (NRS) 613.330. Both protect workers over the age of 40 from discrimination based on age.
- Document It: Keep a detailed record of all instances that suggest age discrimination, including dates, times, locations, and the names of individuals involved. Document comments, jokes, or remarks that may indicate a bias against older employees. Save copies of any relevant emails, performance reviews, and reports that demonstrate your work performance and any correspondence that could support your claim.
- Report It: If your workplace lacks a formal complaint process, submit your complaint in writing and keep a copy for your records. If you are protected by ADEA or NRS 613.330, you have the right to report age-based discrimination without facing any punishment from your employer. If you believe that you were punished unlawfully, our Las Vegas, NV workplace retaliation lawyer is standing by, ready to help.
- Speak to a Lawyer: You do not have to take on the challenges of the age discrimination process alone. The sooner you seek professional legal representation, the better position that you will be in to get justice and compensation for your damages. A top-tier Las Vegas employment discrimination lawyer will review your case, investigate the issue, and develop a strategy to help you get the best possible outcome.
Why Trust the Employment Law Team at Ace Law Group
Age discrimination claims are complicated. If you or your loved one is an older worker who faced any form of workplace discrimination—from failure to hire to denial of promotion to targeting in a round of layoffs—you need strong and experienced professional representation. Our team is ready to be by your side through each and every step of the claims process At Ace Law Group, we have a proven track record of verdicts and settlements. Our Las Vegas age discrimination in employment lawyers provide clear, focused, reliable, and justice-focused advocacy to older workers.
Contact Our Nevada Age Discrimination Attorneys Today
At Ace Law Group, our Las Vegas age discrimination lawyers are skilled, experienced advocates for worker rights. If you were subject to any form of unlawful age-based discrimination in the workplace, we are here to help. Call us now or contact us online to arrange your fully private case review. From our law office in Las Vegas, we represent employees in age-based discrimination claims in Clark County and all across Nevada.