October 19, 2011 – The U.S. Equal Employment Opportunity Commission (EEOC) is suing American Samoa, an unincorporated territory of the U.S., claiming that its government discriminated against older workers. According to the age discrimination lawsuit, American Samoa employed a campaign to remove older employees from government positions in an effort to make room for younger employees.
In a recent press release, the EEOC claims that in 2009 the Director of Human Resources began the endeavor to remove older workers by involuntarily reassigning employees over the age of 50 to less desirable jobs. The EEOC alleges this was done to pressure such employees to retire. According to the EEOC, such actions are in violation of the Age Discrimination in Employment Act.
The Age Discrimination in Employment Act of 1967 (ADEA) is a Federal law that protects certain employees who are over 40 years of age from employment discrimination based on age. The ADEA makes it unlawful to discriminate against an employee or job applicant because of his/her age with respect to any term, condition or privilege of employment, such as hiring, firing, promotion, transfer, layoff, compensation, benefits, job assignments and training. The ADEA applies to most employers with 20 or employees, including state and local governments, employment agencies and labor unions, as well as to the federal government.
Many states and cities have enacted their own laws prohibiting age discrimination. Local anti-discrimination laws, such as the Pennsylvania Human Relations Act (PHRA) and the Philadelphia Fair Practices Ordinance, have provisions in place to protect employees from age discrimination in the workplace. Likewise, the New Jersey Law against Discrimination (LAD) makes discriminatory employment practices based on age unlawful. The particulars of an age discrimination claim under the federal anti-discrimination law (ADEA), including who may file, time limitations and remedies available, may differ from a claim filed under an applicable state or city’s anti-discrimination law. This requires an attorney specializing in employment law and knowledgeable about the filing of age discrimination claims.
The Philadelphia lawyers of Sidney L. Gold & Associates, P.C., represent clients in the states of PA, NJ, NY and Delaware. We have the experience and expertise necessary to determine the validity of an age discrimination claim under federal and local laws, to file and pursue all appropriate discrimination claims and to recover all remedies and/or monetary compensation available under the applicable laws. If you think you’ve been the victim of age discrimination in the workplace, contact Philadelphia employment law attorney Sidney L. Gold immediately to discuss your rights. Call our office at 215-569-1999 today to speak one of the nation’s top age discrimination lawyers.