Age Discrimination Attorney in Boulder, CO

They say that youth is wasted on the young. When you are young, you can work 80 hours per week and sleep only four hours per night for weeks on end. You willingly accept requests to engage in tasks you find highly unpleasant, simply because you want to stay on good terms with your employer and do not think you have the leverage to say no. Of course, once you have been in your career for a few decades, you have the wisdom of experience. You have tried multiple approaches to almost every aspect of your work, and you know which ones work for you. You are eager to act as a mentor to the younger generation, but you also do not suffer fools gladly. Which would an employer prefer to hire? Given that capitalism prioritizes making money quickly over the long-term well-being of institutions or of employees, they usually choose the younger employees, the ones they can pay subsistence wages and assign numerous unpaid tasks to, the ones they can chew up and spit out.

It is to the benefit of older employees and their younger colleagues that federal and state employment laws prohibit discrimination based on age. The Boulder age discrimination lawyers at HKM Employment Attorneys LLP can help you if your employer is trying to give you the boot just because you are old enough to order from the senior breakfast menu at Denny’s.

Colorado Age Discrimination Laws

The laws that govern Colorado’s prohibitions on age discrimination in employment are the federal Age Discrimination in Employment Act (ADEA) and the Colorado Anti-Discrimination Act. These laws enshrine age as a protected characteristic, which means that employers may not discriminate against employees or job applicants based on it. Employment discrimination occurs whenever an employer takes an adverse action against an employee because of a protected characteristic. Any of the following actions can count as age discrimination if an employer does them because of your age:

  • Refusal to hire
  • Bullying or harassment in the workplace, known in employment law as a hostile work environment
  • Unfairly negative performance reviews
  • Changing your schedule, duties, or work location when you did not request the change
  • Undue scrutiny of your work
  • Denials of promotions and raises for which you are eligible
  • Reduction of pay
  • Termination of employment
  • Sabotaging your efforts to get a new job after the employer terminates your employment, such as by giving negative reports to prospective employers

Furthermore, Colorado law prohibits employers from using age-related language in job advertisements. It cannot, for example, say that its brand identity is youth-oriented. Some companies naturally market their products and services to a young customer base, but a store that sells children’s shoes cannot refuse to hire employees over 30; people in their 50s are as qualified to sell shoes to children and their parents as people in their 20s. Job advertisements also cannot say they are looking for recent graduates or similar wording that indicates they prefer to hire young applicants.

Is There an Age Limit for Age Discrimination?

Federal law defines age discrimination as discrimination against employees and job seekers ages 40 and above. It may be inconvenient for employers to hire workers in their 40s and older because experienced workers tend to request higher salaries. Older workers are also more expensive for employers because they are more likely to have spouses and children and to cover these family members under employer-provided health insurance plans. Discriminating against older employees because they need money and health insurance to support their families is as unfair as discriminating against young women because they might become pregnant, take paid maternity leave, and then insure their children on the employer’s health insurance plan.

There is no upper age limit for age discrimination. Employers cannot discriminate against employees just because they have reached an age where they are eligible for retirement. Even if employees are in their 70s, where they must draw Social Security even if they are still working, it is the employee’s choice, not the employer’s, when the employee should retire.

By contrast, it is not age discrimination if the employer gives preferential treatment to older employees and job applicants at the expense of younger ones, including but not limited to higher pay. Job advertisements can list the minimum experience required for the job.

It is also not age discrimination when employers require job applicants to pass physical fitness tests to prove their ability to perform physically demanding jobs. Age does not correlate directly with physical fitness, so the test is not a proxy for age discrimination. The fitness benchmarks measured should be limited to the physical demands of the job.

How to File an Age Discrimination Complaint

The process of filing an age discrimination complaint begins with contacting the Equal Employment Opportunity Commission (EEOC). The courts will not consider employment discrimination lawsuits unless the plaintiff has first received authorization from the EEOC to proceed with the lawsuit. You must contact the EEOC within 45 days of the adverse action that you believe was motivated by age discrimination; if the discrimination was a series of incidents, such as a hostile work environment, the deadline is 45 days after the most recent incident.

An EEOC counselor will interview you to find out as many details as possible about discrimination in your workplace. You have the right to hire an employment discrimination lawyer to represent you in your dealings with the EEOC. After talking to you, the EEOC will investigate your claims by interviewing other people at your workplace. Their claims may corroborate yours or contradict them, and the EEOC might find out that other employees at your organization have been targets of discrimination, even if they did not complain to the EEOC. At the end of the investigation, the EEOC will approve or deny your request to file your age discrimination lawsuit in court.

Contact HKM Employment Attorneys, LLP, About Age Discrimination

The Boulder employment lawyers at HKM Employment Attorneys, LLP, can counsel you about age discrimination claims. Contact the employment lawyers at HKM Employment Attorneys LLP in Boulder, Colorado, to set up a consultation.

BOULDER EMPLOYMENT LAW ATTORNEYS

HKM Employment Attorneys LLP

1035 Pearl Street
Suite 203
Boulder, CO 80302
Phone: 720-702-4069

BOULDER PRACTICE AREAS

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Carter N profile picture
Carter N
September 29, 2026
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Jennifer and the rest of the team at HKM did an exceptional job, I highly recommend them
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John Horan
September 25, 2026
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I had an excellent experience working with Tony Purcell and Sunny at HKM. My situation was very time-sensitive, and they were incredibly responsive, professional, and helpful throughout the process. They understood the urgency, got back to me promptly, and provided clear guidance when I needed it most. I truly believe the work they did made a meaningful difference in my situation. I’m very grateful for their help and would highly recommend Tony, Sunny, and the team at HKM to anyone looking for knowledgeable and responsive employment attorneys.
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Chase Richardson
September 22, 2026
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Highly recommend their services. Tony was the perfect balance of professional, straightforward, and knowledgeable. Very pleased with their representation.
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Africa Jones
September 22, 2026
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To say that the attorneys at HKM are wonderful is actually an understatement. I was guided towards their office during a very awful and difficult time in my life. Sunny listened to me. She believed in me, she did not sit in judgement, and was very respectful. Her responsiveness to any question or concern I had during the process was unmatched. Sunny & Tony helped me to resolve my issue. Their professionalism is amazing. They are so easy to communicate with especially when you are very nervous. I would recommend them hands down to anyone. Also if I am ever faced with an issue again, I would not hesitate to reach out again. Thanks so much for all you both do! Best team!
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Damien Clark
September 20, 2026
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Exceptional employment attorneys Zac was amazing in all aspects up most professional but had wonderful patience with me aswell which I appreciate greatly thank you Zac and hkm.
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Brian Hausner
September 19, 2026
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The best employment Attorneys you can ask for! Dana was amazing to work with, always positive and supportive, provided the expertise needed with her team to ensure a successful outcome!
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Sarah McCann
September 15, 2026
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Jill is amazing. I hired her during a really awful employment situation and she made the entire thing so much less stressful. She listened, she believed me, and she handled things I had been trying to deal with on my own for way too long. She’s smart, straightforward, and also SO funny. There were definitely times I got off the phone with her laughing when I had called completely stressed out. She got me through a situation I never want to deal with again and I’m incredibly grateful for her. The only downside to everything being over is that I actually miss talking to her 😂 10/10 attorney. Hopefully I never need her again.
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Josh Burlison
September 13, 2026
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I had Cody Reinberg represent me and am very happy with the results. He was responsive, supportive, and put pressure where it was needed.
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Josh
September 11, 2026
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I worked with Jeff Hackney at HKM and would highly recommend him as someone who understood my situation and resonated with me at a personal level that I felt like cared about me as a person. I feel good knowing that he advocated for me as best as possible and that's all you can ask for in attorney, someone that understands you and will advocate on your behalf. I've referred people to Jeff and will continue to do so in the future as appropriate.
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Katie Smith
September 10, 2026
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I'm so grateful for the team at HKM! EVERY single one of them. If I ever have any other issues I will definitely reach out to them. I highly recommend!
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Brian Hume
September 8, 2026
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Delighted with responsiveness, quality of service and guidance provided. Interfaced with Mr Brad Thoenen - Managing Partner. Would have no question in using again or recommending. Thank you.
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Kasey Osborn
September 7, 2026
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Jill and Brian were my attorneys and I can confidently say they were awesome. I would highly recommend them to anyone.