Age should never determine your worth in the workplace. When employers make decisions based on age rather than ability, they violate both federal and state laws designed to protect workers. At HKM, our Milwaukee age discrimination attorneys represent Milwaukee employees who face unfair treatment because of their age. We know how devastating age discrimination can be to your career and financial security.
What Constitutes Age Discrimination in Wisconsin
Age discrimination occurs when an employer makes adverse employment decisions based on a worker’s age. Under federal law, employees and applicants who are at least 40 years old are protected by the Age Discrimination in Employment Act. Wisconsin law provides additional safeguards through the Wisconsin Fair Employment Act, which likewise bans discrimination based on age in the workplace.
These laws apply to various employment decisions. An employer cannot refuse to hire you because they think you are too old. They cannot pass you over for promotions while advancing younger workers with less experience. Termination decisions cannot be based on age. Even subtle comments about retirement or jokes about being “over the hill” can contribute to a hostile work environment.
The law covers employers with 20 or more employees under federal regulations. Wisconsin law extends protection to employers with one or more employees, giving workers broader coverage.
Common Signs of Age Discrimination
Recognizing discrimination is not always straightforward. Employers rarely admit that age motivated their decisions. However, certain patterns and behaviors suggest discriminatory practices.
- Consistently hiring younger candidates for positions despite your superior qualifications and relevant experience
- Performance reviews that suddenly turn negative after years of positive feedback and commendations
- Exclusion from training opportunities, conferences, or professional development programs offered to younger colleagues
- Comments from supervisors suggesting you should retire or questioning your ability to adapt to change
- Reassignment of your important projects and responsibilities to younger workers without a valid explanation
Changes in job duties can also signal discrimination. Your employer might isolate you from decision-making processes where you previously had input. These actions often precede termination or forced resignation.
Types of Age Discrimination Claims
Age discrimination takes many forms in Milwaukee workplaces. Each situation requires careful legal analysis to build a strong case.
- Wrongful termination based on age rather than performance or legitimate business needs
- Failure to promote qualified older workers while advancing less experienced younger employees
- Harassment creating a hostile work environment through age-related comments and exclusion
- Discriminatory hiring practices that favor younger applicants over qualified older candidates
- Retaliation against employees who complain about age-based treatment or file discrimination charges
How Wisconsin Law Protects Older Workers
The Wisconsin Fair Employment Act provides strong protections for employees throughout the state. This law makes it illegal to discriminate against any employee based on age. Unlike federal law, Wisconsin protections apply to smaller employers and cover workers of all ages, though most claims involve workers over 40.
Wisconsin law prohibits both direct discrimination and practices that have a disparate impact on older workers. Even if an employer has no discriminatory intent, policies that disproportionately harm older employees may violate state law. For example, a requirement that employees work rotating night shifts might disproportionately affect older workers with health conditions.
The Wisconsin Equal Rights Division investigates discrimination complaints. Employees can file charges with this state agency or pursue claims in court. Our firm helps clients determine the best path forward based on their specific circumstances.
Building Your Age Discrimination Case
Strong evidence makes a difference in discrimination cases. Documentation is critical. Keep copies of performance reviews, emails, and any written communications related to your employment. Note the dates and details of verbal conversations about your age or retirement. Record instances where younger employees received better treatment.
Witness testimony can support your claim. Coworkers may have observed discriminatory behavior or heard inappropriate comments. They might know about company practices that disadvantage older workers. Even former employees can provide valuable information about patterns of age discrimination.
Statistical evidence sometimes reveals discrimination. If your department terminated multiple older workers while retaining younger employees with similar or worse performance records, this pattern supports your case. Hiring data showing a preference for younger candidates can also be relevant.
The Legal Process for Age Discrimination Claims
Pursuing an age discrimination claim involves specific steps and deadlines. You must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Wisconsin Equal Rights Division before filing a lawsuit. Federal law requires filing within 180 days of the discriminatory act, though this extends to 300 days in states with their own anti-discrimination agencies. After filing, the agency investigates your claim. They may request information from your employer and interview witnesses. The process can take several months.
You can request a right-to-sue letter if you want to proceed with a lawsuit. This letter allows you to file in federal or state court. Wisconsin law provides additional options for pursuing claims directly in state court under certain circumstances.
Remedies Available in Age Discrimination Cases
Successful age discrimination claims can result in various forms of relief. Courts and settlement agreements can provide multiple types of compensation to make you whole after experiencing discrimination.
- Lost wages and benefits from the time of discrimination through trial or settlement
- Reinstatement to your former position with the same responsibilities and compensation level
- Front pay to compensate for future lost earnings when reinstatement is not feasible
- Emotional distress damages recognize the psychological harm discrimination causes to victims
- Punitive damages when employers acted with malice or reckless indifference to your rights
Attorney fees and costs shift to the losing party in many employment discrimination cases, which makes it possible for workers to afford quality legal representation.
Choose HKM for Your Age Discrimination Claim
Employment law is all we do. Our Milwaukee age discrimination lawyers focus exclusively on representing workers who face discrimination, harassment, and wrongful termination. We know Wisconsin employment law and have experience handling age discrimination cases throughout the state.
Age discrimination undermines everything you have worked to build in your career. You do not have to accept unfair treatment. Contact HKM today to discuss your situation with a Milwaukee age discrimination attorney who will fight for your rights.
