You freely tell others that you are getting old, but it pains you when other people point out this fact to you. In your day, country music still conveyed the smell of the country air, and there were not umpteen brands of granola in the supermarket. People dressed tastefully and respected their elders; they knew when to keep it clean and when to let the curse words fly. Most of the time, you like being the age you are. You are old enough not to care what other people think but young enough to be economically productive.
It is fun to brag to your peers about the superiority of your generation’s work ethic, and even though you worry about the long-term financial stability of your children, who have never known a prosperous job market, you are happy to help them when they ask you for money. You think it would be unfair if your employer forced you out of your job just because of your age, and the law agrees.
You are a source of stability at the institution where you have worked for years, and your income from your job is a source of stability for your family. The law is on your side if your employer fires you or pressures you to retire to make room for someone younger who is easier to boss around and does not demand as much money. The Bozeman age discrimination lawyers at HKM Employment Attorneys LLP can help you if your employer took an adverse action against you based on your age.
Employment Discrimination Laws in Montana
Montana law prohibits discrimination against employees or job applicants based on any of the following protected characteristics:
- Age
- Race or skin color
- Religion
- National origin
- Sex
- Marital status
- Disability
In government jobs, it is also illegal to discriminate against an employee or job applicant because of his or her political beliefs. The Montana Human Rights Act, which is the law that governs employment discrimination, does not list some of the protected characteristics that some other states include, such as pregnancy, sexual orientation, or family status characteristics, such as whether the employee has children or whether he or she has caregiving responsibilities for an elderly parent. If the discrimination you faced related to one of these characteristics, then the court may consider the discrimination under another protected characteristic. For example, you might be able to file a sex discrimination claim if your employer discriminated against you based on your sexual orientation.
Discrimination occurs when an employer takes an adverse action against you because of a protected characteristic and not because of your conduct on the job or during the job-seeking process. The following are examples of adverse actions:
- Refusal to hire
- Negative performance reviews
- Undue scrutiny of your work
- Undesired reassignment of your work schedule, job duties, or work location
- Denial of promotions or raises for which you are eligible
- Reduction in pay
- Termination of employment
If you file a discrimination claim, the burden of proof is on you to show that your employer took the adverse action because of a protected characteristic and not because of your poor work performance or misconduct.
How Old Do You Have to Be for Age Discrimination Laws to Apply?
Age is a protected characteristic in terms of employment laws if you are at least 40 years old. If you are younger than 40, it is not considered discrimination if employers give the positions and the promotions to people older than you, because they might be preferring the older employees based on their more extensive work experience. Being young is a self-limiting problem, but being old is not.
There is no upper age limit for age discrimination. Age is still a protected characteristic even after you turn 65 and become eligible for Medicare. If you stay at your job after you turn 70 and Social Security starts sending you payments because you can no longer delay drawing Social Security, your employer cannot force you to retire. If you are still healthy enough to work in your 70s, and you choose to continue working because all the physical and mental activity keeps you young or because your family needs the income, it is not your employer’s business to rain on your parade.
Your Rights if Your Employer Discriminates Against You Based on Your Age
If your employer takes an adverse action against you because of your age, you have the right to file a discrimination complaint. The place to start is the Montana Human Rights Bureau, the federal Equal Employment Opportunity Commission (EEOC), or both. You should do this as soon as possible after the discriminatory incident, or the most recent manifestation of it. The EEOC requires employees to report discrimination within 45 days of the discriminatory act.
Pursuant to your complaint, the Bureau or EEOC will investigate your claims and look for other evidence of discrimination at your workplace. If it finds that you were the target of discrimination, it will authorize you to file an age discrimination lawsuit in court. If you file the lawsuit before you receive authorization from the Bureau or EEOC, the court will issue a summary judgment in favor of your employer, and you will lose your case before it begins. If your lawsuit is successful and the court rules in your favor, the court may award you damages for the income you lost because of the adverse action and any other financial losses your employer caused you through its discrimination, such as your legal fees.
It is never too soon to contact an employment lawyer about employment discrimination. You can even have a lawyer represent you in your dealings with the EEOC or Human Rights Bureau.
Contact HKM About Age Discrimination
Our local Bozeman employment lawyers at HKM can give you advice about filing an age discrimination complaint against your employer. Contact our office in Bozeman, Montana, to set up a consultation.
