AGE DISCRIMINATION

The Age Discrimination in Employment Act (“ADEA”), as well as North Carolina laws, prohibit age-based workplace discrimination against a current or prospective employee age 40 and over. An employer may not, for example, refuse to hire, deny promotions, or terminate an employee because of his or her age, target older employees during a layoff, or pressure older workers to retire.

Age discrimination is often a more subtle form of discrimination and is often difficult to prove. On June 19, 2009, the United States Supreme Court issued a decision in Gross v. FBL Financial Services determining the standards for proving age discrimination. In Gross, the Court held that in cases where an employee alleges that age was one of several reasons for an adverse action, the employee must show that age was actually the deciding factor in the employer’s decision. Advocates for employees are now looking to Congress to amend the ADEA or create new legislation to overrule the Court’s decision.

The Equal Employment Opportunity Commission (EEOC) has published helpful information about age discrimination.

If you believe that you have experienced age discrimination, let the experienced attorneys at GMFM fight to protect your rights. Contact us for an evaluation of your case.