Age Discrimination

Representing Victims of Age Discrimination in and Around Nashville

Robb Bigelow is a Nashville age discrimination lawyer who fights for the rights of employees who have been discriminated against due to their age. After graduating from Vanderbilt Law School and working for a federal judge for three years, Robb has over a decade of experience representing employees throughout Nashville and Middle Tennessee who have been discriminated against.

In Tennessee, discriminating against anyone older than 40 years of age is against the law. Have you been told that you are “too old for this job”? Perhaps your boss has called you an “old man/woman” or an “old timer” or said that you just can’t understand certain things because of your age. Maybe your company has recently laid-off a group of older workers to make way for a “younger work force” or because certain people were “just too old”?

Being the victim of age discrimination is not fair. It can be extremely frustrating and can cause a tremendous amount of mental, emotional and fiscal stress. You worked so hard only to be discriminated against because of your age. Fortunately, the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., protects most workers who are 40 years old or older from employment discrimination based on their age.

When an age discrimination attorney works for you, it is their job to help you understand and enforce your rights. Let a Nashville age discrimination attorney help you. Some examples of age discrimination in the workplace include:

  1. Specific Discriminatory Acts

    Covered employers are prohibited from discriminating against employees over the age of 40 with respect to their compensation, terms, privileges, or conditions of employment because of their age. Some examples of discriminatory actions include:

    1. Firing older workers first.
    2. Failure to pay a proper wage.
    3. Failure to hire.
    4. Failure to promote.

    Sometimes age discrimination can be very obvious. Other times it is less apparent.

  2. Harassment

    If you are being harassed based on your age and that harassment creates what is called a hostile work environment, then you may have a claim under the ADEA. For harassment to be considered a hostile work environment, the key words are severe and pervasive. The offensive conduct must be severe or pervasive enough that a reasonable person would find the work environment abusive. Also, you must have found it to be abusive. Examples of behavior that can contribute to a hostile work environment are ageist remarks, insults, ostracism, and unwarranted discipline.

  3. Retaliation

    Regardless of your age, your employer cannot retaliate againstyou for opposing a prohibited practice, filing a charge, or participates or testifies in an investigation, proceeding, or litigation under the ADEA. 29 U.S.C. § 623(d). Retaliatory actions include: unwarranted negative performance reviews, termination, demotion, denial of promotion, unwarranted discipline, suspension or other forced leave, reduction in pay or hours, denial of benefits, reassignment that negatively impacts promotion, or alteration of job duties.

  4. Advertising and Referrals

    Experienced age discrimination attorneys know that the ADEA prohibits the printing or publishing of any notice or advertisement indicating any preference, limitation, specification, or discrimination against older workers. 29 U.S.C. § 623(e). Additionally, employment agencies may not refuse to refer an applicant for employment because her or she is an older worker. This is one way that people are often discriminated against because of their age.

II. The Older Worker Benefit Protection Act

If your employer offers you an early retirement incentive plan or a severance package, such a plan must be voluntary, which means that (1) you had sufficient time to consider your options, (2) your employer must provide you with complete and accurate information concerning what benefits are available under the plan or package, and (3) your employer did not threaten or intimidate you into accepting the package. 29 U.S.C. § 623(f)(2)(B). If your employer is requiring you to waive your ADEA rights as a condition of such a package, or if are settling an ADEA claim, the OWBPA requires that the waiver must be knowing and voluntary. 29 U.S.C. § 626(f).

Let a Nashville age discrimination lawyer who fights for the rights of employees who have been discriminated against help you. With over a decade of experience representing employees throughout Nashville and Middle Tennessee who have been discriminated against, Robb will fight for you.

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