Age Discrimination: When Maryland Employees Over 40 Can (and Should) Take Legal Action

The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees and job applicants who are age 40 or older. Maryland law also prohibits age-based discrimination in employment regardless of age. Despite these prohibitions, age discrimination remains a serious issue. If you have reason to believe that you are (or may be) a victim of age discrimination, you should consult with an experienced Maryland employment lawyer about your legal rights.

When employers engage in prohibited age discrimination, they can (and should) be held liable for the consequences that employees and job applicants endure. This includes not only financial consequences such as lost income and benefits, but also non-financial consequences such as emotional trauma, anxiety and psychological distress. While proving age discrimination can be challenging in some cases, there are mechanisms in place to ensure that employees and job applicants have the opportunity to successfully assert their legal rights when necessary.

Age Discrimination in Employment: Our Maryland Employment Lawyer Discusses What is Prohibited

The ADEA and Maryland’s anti-discrimination law both prohibit employers from making age-based employment decisions that disadvantage employees or job applicants who are age 40 or older (as noted above, Maryland law prohibits age-based discrimination against younger employees and job applicants as well). This applies to all phases of the employment relationship and all aspects of employment, including:

• Job descriptions and advertisements
• Pre-employment screening
• Hiring
• Promotions and pay raises
• Job and location assignments
• Eligibility for benefits (including financial benefits such as insurance coverage and intangible benefits such as the ability to work remotely)
• Termination

The ADEA covers employees who are 40 or older and who work for companies that have 20 or more employees. Maryland’s anti-discrimination law covers all employees, regardless of age, who work for companies that have 15 or more employees.

While covered employers are prohibited from expressly making age-based employment decisions that discriminate against covered employees, the ADEA and Maryland law apply to implicit and implied age-based discrimination as well. With this in mind, some examples of potential grounds to pursue an age discrimination claim in Maryland:

• Adopting written policies that favor employees under a certain age or that encourage a focus on “youthful” talent
• Assigning older workers to less-favorable job assignments or requiring older workers to come into the office while younger workers are afforded more opportunities and flexibility
• Systematically passing over older workers for new opportunities or promotions in favor of younger workers
• Making a specific employment-related decision based on a specific employee’s or job applicant’s age (i.e., firing an older worker to open a position for a younger new hire)
• Engaging in practices designed to discourage older workers from staying with the company or targeting older workers during a large-scale reduction in force (RIF)
• Excluding older workers from training opportunities, mentoring programs and other similar types of workplace initiatives
• Implicitly or explicitly pressuring older workers to retire or leave the company prior to retirement age

Again, these are just examples. If you feel that you have experienced age-based discrimination in any form, it will be worth talking to a Maryland employment lawyer about your legal rights. If you have grounds to take action, explaining the situation to an attorney who can help you assert your legal rights will be the first step in the process.

Filing an Age Discrimination Claim in Maryland

If you have grounds to file an age discrimination claim in Maryland, another key early step in the process will be to decide whether to file your claim under the ADEA or Maryland law. There are advantages and disadvantages to both, and each type of claim is subject to its own unique set of substantive and procedural requirements.

An experienced Maryland employment lawyer will be able to help here as well. Depending on the circumstances, attempting to negotiate a resolution with your employer (or prospective or former employer) may also be an option. If attempting to work out an informal resolution makes sense, your lawyer can communicate with your employer on your behalf and help you make informed decisions about whether to accept what the company is willing to offer.

Schedule a Confidential Consultation with a Maryland Employment Lawyer at The Law Firm of J.W. Stafford

Do you need to know more about filing an age discrimination claim in Maryland? If so, we strongly encourage you to get in touch. To schedule a confidential consultation with an experienced Maryland employment lawyer at The Law Firm of J.W. Stafford, please call 410-514-6099 or contact us online today.