Age Discrimination (ADEA)

The experienced, dedicated Atlanta employment law attorneys at Martin & Martin routinely successfully handle cases involving the Age Discrimination in Employment Act.

Kimberly Martin and Tom Martin are experienced, dedicated ADEA attorneys who have successfully represented many employees throughout the state of Georgia and the nation who were treated unfairly on the basis of age. They have filed federal ADEA lawsuits on behalf of individuals and as reported on by The New York Times, they filed a national ADEA class action on behalf of almost 100 workers who were targeted for termination in a reduction in force (RIF) by a national company.

Atlanta age discrimination attorneys, Kimberly and Tom, routinely speak to hardworking Georgia employees who have been treated unfairly on the basis of age. This includes denial of promotions, demotions, terminations, and hostile, harassing work environments where employees are forced to endure comments and behavior directed at them on the basis of age.

Unfortunately, many employers prefer younger, energetic, and cheaper workers. This means that older, more experienced, and higher paid employees are routinely “aged out” of companies. Many employers begin to target older workers for demotion or termination and age becomes a consideration when companies are determining which employees to terminate in a RIF. Companies also discriminate against older workers when making hiring decisions, routinely choosing a younger, less experienced worker over an older, more experienced one.

Age discrimination attorneys in Atlanta, Georgia, Kimberly and Tom, unapologetically aggressively litigate their ADEA cases because they know the impact of age discrimination on their clients. Not only do their clients face age discrimination when they are terminated, but they are then faced with trying to become employed as an “older” employee. As one of the founding principles of the firm, Martin & Martin battles to recover every cent that their clients are entitled to under federal employment law statutes because they know the value of that recovery to their clients who are saving for retirement, are single parents, or are care-givers to ill family members.

Statute: Age Discrimination in Employment Act (ADEA).

Who does it Apply to: The ADEA applies to employees and employee candidates who are 40 years old or older. It also applies to employers who have 15 or more employees during a specific time period.

What does it Say: The ADEA prohibits employers from discriminating against employees and employee candidates on the basis of age. This means an employer may not consider age when making employment decisions like hiring, promoting, and termination. It also means that an employer may not permit a hostile work environment/harassment on the basis of age. Additionally, it prohibits employers from retaliating against employees for complaining about discrimination on the basis of age.

When do You have to Act: The ADEA. like several other employment laws, has a statute of limitations that requires employees to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination or retaliation. Once the EEOC issues a Notice of Right to Sue, the employee has 90 days to file a federal ADEA lawsuit.

Why Should You File a Claim: An employee can recover damages for violations of the ADEA including lost wages, future lost wages, liquidated damages (“double damages”), and attorney’s fees and costs of litigation.

How do You File a Claim: Once an individual with an ADEA case retains Martin & Martin, Kimberly and Tom file the Charge of Discrimination, if it has not yet been filed, on behalf of their client. Upon receipt of the EEOC’s Notice of Right Sue, they file the federal ADEA lawsuit in federal court.

If you believe you have been discriminated on the basis of age, retaliated against for complaining about age discrimination, or if you are forced to endure a hostile/harassing work environment on the basis of age, Atlanta age discrimination attorneys, Kimberly and Tom, welcome the opportunity to speak with you. The ADEA statute of limitations is short and it is running, so speaking with an attorney as quickly as possible is important. Therefore, Tom and Kimberly are typically available for same day free consultations. Fill out the Contact Us form or call the firm directly for same day free consultations.

For more information about employment laws, see Employment Laws Frequently Asked Questions.