Unlawful discrimination can occur at work based on a variety of factors, such as your race, religion, or sex. One type of discrimination that is may be less-recognized but that definitely occurs in Las Vegas workplaces is age discrimination. Fortunately, both Nevada law and federal law protect employees over the age of 40 years old from such discrimination and provide you with important legal rights if you are the victim of age discrimination.
If you believe that your employer or a prospective employer violated your rights by discriminating against you based on your age, you should not wait to discuss your rights with an experienced Las Vegas age discrimination attorney. At HKM Employment Attorneys, we regularly handle cases involving age discrimination from either the standpoint of the employee or the employer, so call today to learn more about how we can assist you.
Recognizing Age Discrimination
Age discrimination can happen for a variety of reasons. In some cases, a company may be looking to terminate an older employee who demands higher pay in exchange for a younger – and cheaper – employee. Other companies may want to keep a younger atmosphere in the workplace to draw in new talent and so may refuse to hire older applicants or may routinely lay off employees as they get older. However, taking any adverse employment action based solely on an employee’s age is not permitted under the law, no matter what the attempted justification may be by the employer.
Some common forms of age discrimination include the following:
- Refusing to hire a qualified yet older applicant based on their age;
- Denial of a promotion or pay increase;
- Denying certain benefits for older employees;
- Investing less in career development opportunities for older employees;
- Transfers to less desirable positions or departments;
- Decreasing responsibilities;
- Replacing older employees with younger ones simply based on age.
Employers are also not allowed to specify that only younger candidates will be sought or considered for open positions unless specific exceptions apply. If you have lost a job, income, or other opportunities because of age discrimination, you have the right to hold your employer or former employer liable for all of those losses and should discuss your options with a skilled lawyer as soon as possible.
Defending Against Age Discrimination Claims
While age discrimination is mostly prohibited, there are some circumstances under which an employer can be justified in selecting job candidates of a certain younger age range. If a certain age is a “bona fide occupational qualification,” then employers may limit their searches and hiring to applicants of those ages. For example, if a job at your company requires employees to be in a specific physical condition or training level, older applicants may not be able to perform the job. Our law firm will identify any possible defenses against age discrimination claims to help you avoid unnecessary liability.
Contact Our Las Vegas Age Discrimination Attorneys For Help Today
Whether you are an employee or employer involved in age discrimination allegations, you should consult with a Las Vegas employment law firm as soon as possible. Please call HKM Employment Attorneys today for more information about your legal options and how we can assist you.