Fighting For Important Causes In State And Federal Courts
According to the AARP’s 2018 Multicultural Work and Jobs Study, 61 percent of respondents over the age of 45 saw or experienced age-based discrimination in the workplace. Few people stand up and say it’s wrong because these stereotypes and comments can appear more socially acceptable than other types of discrimination. However, even if your coworkers don’t stand up against age discrimination, your attorney can bring a strong case on your behalf. If your age is the cause of discrimination in State College, PA, you need experienced legal representation.
At the law office of Andrew Shubin, you will have access to a team of dedicated and knowledgeable attorneys who will fight to protect your legal rights. Their reputations are unimpeachable, and they will work relentlessly to get results in complex discrimination cases. Schedule your free consultation today at (814) 867-3115.
Age Discrimination Laws at Penn State
Age discrimination cases require experience and skill because the evidence to support the claim depends on your employer’s hiring, retention, and performance policies. Legal skills are important to establish the events and the reasons for your claim that age was a determining factor. There are two principal laws designed to protect against age discrimination:
- The Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634
- The Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. §§ 951-963
Discrimination is a common occurrence, in spite of what many people think. These practices can arise during all stages of employment, including:
- Job assignments
- Fringe benefit offerings
Once you file a lawsuit, you will be known as the “plaintiff” and the other side will be known as the “defendant.” To defeat your claim, employers must demonstrate that they would have taken the same action irrespective of your age. Under the current standards, plaintiffs must show that their job performance is at a level that met the defendant’s legitimate expectations when the discharge occurred. Plaintiffs in successful age discrimination cases can receive:
- Back wages
- Attorney’s fees
If you were dismissed or forced to resign in order to avoid pension obligations, your employer’s actions may violate your workers’ pension rights. Moreover, there are instances where employers institute polices that affect certain workers based on their age.
Legal Standard for Discrimination in Pennsylvania
The legal standard in discrimination cases is complex in that they involve a legal test known as “burden-shifting.” The spirit of burden-shifting is that the defendant has to contest the plaintiff’s claim to invalidate the evidence sustaining their case.
Like most discrimination cases, the legal standard in age discrimination calls for both sides to present their arguments. A prima facie case of age discrimination requires the plaintiff to show that he or she:
- Belonged to a protected class (i.e. they were at least 40 years of age)
- Had the qualifications for the position
- Was dismissed despite being qualified
- Suffered dismissal under circumstances one can infer as based on discrimination, such as if the plaintiff was replaced by someone much younger.
If the plaintiff does establish a prima facie case, a presumption of age discrimination is warranted. However, if the defendant articulates a legitimate, nondiscriminatory reason for the challenged employment decision, then the presumption of discriminatory intent is thrown into doubt; if this happens, your lawyer has to explain why these reasons are not plausible based on how other employees are treated by the defendant.
Some Pennsylvania courts take into consideration whether the reasons for the discharge are plausible, especially if there are clear indications that age discrimination may be present.
Suing an Abusive Employer in State College, PA
To a significant extent, your performance is at the heart of this claim. Often times, an employer will claim poor performance as the reason for the dismissal. However, a central part of age discrimination cases is demonstrating that this reason was merely a pretext. Your attorney can explain what types of examples can show that that the reasons offered by the employer were a pretext for discriminatory actions.
The burden-shifting framework of discrimination cases serves a dual purpose: the defendant can discredit the plaintiff’s theory of the case, and the plaintiff has the opportunity to show that the reasons offered by the employer were pretextual for what, in reality, was discrimination.
The ultimate burden of proving intentional discrimination always rests with the plaintiff. Your attorney can provide you a more detailed evaluation of how your case can evolve in relation to the relevant legal standards.
Call the Experienced and Renowned State College, PA Age Discrimination Lawyers
Anyone facing age discrimination shouldn’t stand for such injustice. Age discrimination is illegal, and you have an accomplished team of attorneys ready to represent you in State College. Our fees are only paid if we are successful in fighting for your rights. You can seek compensation for your losses and hold the defendants accountable for their actions. Call today to schedule a free consultation. Contact us at (814) 867-3115.