Atlanta Age Discrimination Attorney
Employers sometimes assume that workers over a certain age are less capable or productive, but treating someone differently based on their age is unlawful and constitutes age discrimination under both federal and state law. Taking any negative action against an employee between the ages of 40 and 70, unless it is based on reasonable job criteria that require age distinctions, is prohibited but unfortunately still happens. This is particularly distressing for older workers who have earned recognition through their years of service. At Beal Sutherland Berlin & Brown, our employment discrimination lawyers have successfully advocated for these workers. Rachel Berlin Benjamin won an age discrimination trial on behalf of her client, and the jury awarded her client the maximum allowable amount of damages after inquiring whether it could award more.
Georgia workers are safeguarded against age-based workplace discrimination by both the Age Discrimination in Employment Act of 1967 (ADEA), which applies to employers with 20 or more employees, and Georgia's state law. This law prohibits treating employees differently or terminating their employment based on age if they are at least 40 years old. While federal law does not establish an upper age limit for protection, Georgia's state law only protects workers up to the age of 70. Furthermore, employers are not allowed to retaliate against employees who file complaints about age discrimination or participate in proceedings with the U.S. Equal Employment Opportunity Commission (EEOC) to enforce the ADEA.