An employer that pushes you out of a job, passes you over for promotions, or treats you differently at work because of your age isn’t just being unfair: They could be violating the law. Workers in Maryland who face unfair treatment as they get older may use state and federal legal protections to hold their employer accountable for that mistreatment. But those protections only work if you take the right steps.
A skilled Maryland age discrimination lawyer from Smithey Law Group LLC can help you take proper action in an age discrimination dispute. Our attorneys are award-winning leaders in the Maryland employment law community. We are passionate about championing the rights of victims in the workplace, and we can help maximize your damages in a claim or lawsuit.
What Is Age Discrimination Under the Law?
Age discrimination happens when an employer treats you unfairly because of your age. Employers can face legal penalties if they use age as a determining factor in any of the following:
- Refusing to hire you,
- Firing you,
- Denying you a promotion,
- Harassing you,
- Disciplining you without reason,
- Cutting your pay,
- Giving you unfavorable job assignments,
- Laying you off,
- Withholding benefits, and
- Treating you differently compared to others.
The above list is a snapshot of the many ways an employer can unlawfully discriminate. If you have any concerns about unequal or unfair treatment in your workplace, speak to our Maryland age discrimination attorney about your rights and options under federal and state law.
Federal Law
The main federal law is the Age Discrimination in Employment Act (ADEA). It protects workers who are 40 or older from discrimination in workplaces with 20 or more employees. If a covered employer favors a fellow employee over you because they are younger, you may seek compensation or other legal remedies through the U.S. Equal Employment Opportunity Commission (EEOC). Even if the “younger” employee is also over 40, you still may have the right to compensation for unfair discrimination.
Maryland Law
State law provides additional protections against age discrimination enforced by the Maryland Commission on Civil Rights (MCCR). Unlike federal law, Maryland workers of any age can seek remedies for age discrimination in the workplace. In general, the law applies to employers with 15 or more employees. However, certain harassment claims may be subject to broader coverage, depending on the circumstances.
Maryland law often gives you more flexibility and may allow claims in situations where federal law does not. Our Maryland age discrimination lawyer can help you identify the most favorable laws for your case.
Common Examples of Age Discrimination
You may have a claim if you experience:
- Replacement by a significantly younger employee;
- Employer comments like “we need fresh energy” or “you’re overqualified” when you are passed over for job opportunities;
- Exclusion from training or promotions that are offered to younger employees;
- Sudden negative performance reviews after years of good work;
- Pressure to retire early; or
- A layoff that targets older workers.
Even subtle patterns can matter. Discrimination is often not obvious, and employers rarely admit it directly. Our legal team is highly skilled and can spot discriminatory practices that may go undetected by the general public.
Your Options for Filing a Claim in Maryland
If you believe you have been discriminated against and cannot resolve the issue internally, you have two main paths: administrative claims and lawsuits.
Filing an Administrative Claim with the Maryland Commission on Civil Rights (MCCR)
When you file a claim with the MCCR, the state agency may:
- Investigate violations of Maryland law,
- Prepare a charge of discrimination,
- Give your employer a chance to respond, and
- Help you obtain remedies.
During its investigation, the MCCR determines if it has jurisdiction to handle your case. If the MCCR doesn’t have jurisdiction, you may have the option of filing a federal complaint.
Filing an Administrative Complaint with the Equal Employment Opportunity Commission (EEOC)
If you are over 40 and work for an employer with at least 20 employees, you can file a charge with the EEOC. Much like the MCCR, the EEOC can investigate your claim and help you resolve the complaint, or it can notify you that it has completed its investigation, which frees you to sue in civil court. In discrimination cases, filing with the EEOC is required before filing a federal lawsuit.
Filing a Lawsuit
If the administrative process does not work for you, you may be able to file a lawsuit in federal court or state court. A skilled Maryland age discrimination attorney can help you choose the best strategy.
How to Prove Age Discrimination
Evidence is where many cases succeed (or fail). You must show that your age was a motivating factor in the employer’s decision, and in some cases, that it was the determining factor.
To do so requires providing proof with evidence such as:
- Emails or written statements about your age;
- Comments from supervisors (e.g., “we need younger staff”);
- Testimony about being replaced by a younger employee;
- Employment records showing patterns of favoring younger workers;
- Statements about sudden changes in treatment;
- Unfair performance reviews;
- Pay records;
- Company policies; and
- Disciplinary notices.
We can help you gather evidence and present strong arguments based on what it shows.
Remedies for Age Discrimination
If you win your age discrimination case, you may recover compensation and other relief. Possible remedies after a win can include:
- Back pay (past lost wages and benefits),
- Front pay (future lost earnings),
- Payment for emotional distress,
- Compensation for related financial losses,
- Reinstatement of your job,
- A promotion if you were wrongfully denied,
- Policy changes at work, and
- Attorney fees and costs.
Keeping your wage records, receipts, and other financial documents can be crucial to maximizing your damages.
Time Limits for Filing a Claim
Workplace discrimination deadlines are strict. Missing a deadline can end your case.
EEOC Deadlines
You generally have 300 days from the discriminatory act to file a charge with the EEOC. However, employees who work for the federal government typically have only 45 days to begin the federal claim process.
MCCR Deadlines
You must file an MCCR complaint within 300 days of the discriminatory act. If you faced discriminatory harassment, you have two years from the date of the harassment to file your claim.
Federal Lawsuit Deadlines
After the EEOC completes its investigation, you typically have up to 90 days to file a federal lawsuit.
Do not wait to file any type of claim. Evidence may fade. Witnesses might forget. And delay may weaken your case.
Why Talk to a Maryland Age Discrimination Lawyer?
Age discrimination cases are not simple. Employers often have seasoned legal teams prepared to defend them aggressively. Consulting an attorney who knows how these cases work can be crucial.
An experienced age discrimination lawyer can help you:
- Evaluate your case to identify your strongest claims,
- Gather and preserve the strongest evidence,
- File the right claims with the right agencies,
- Handle complex interactions with your employer,
- Negotiate a fair settlement,
- Take your case to court, and
- Maximize your damages.
With the help of a knowledgeable attorney, you can overcome the challenges and avoid the pitfalls that often pop up in discrimination cases.
You Can Trust Smithey Law Group to Help
At Smithey Law Group, our highly experienced legal team focuses on employment law. We understand how Maryland and federal laws work together. We know how employers defend these cases. And we know how to counter those employers’ defenses.
We are award-winning advocates, and we have been long-time leaders in the employment law field. Please call us or contact us online today to schedule a consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- U.S. Equal Employment Opportunity Commission, “Age Discrimination.”
- Maryland Department of Budget and Management, “Age Discrimination.”
- Definitions for employment discrimination, Md. Code Ann., State Gov’t § 20-601.
- Employment discrimination forbidden, Md. Code Ann., State Gov’t § 20-606.
- Maryland Commission on Civil Rights, “Intake Process.”
- Maryland Commission on Civil Rights, “Start a Complaint Inquiry.”
- U.S. Equal Employment Opportunity Commission, “Resolving a Charge.”
- U.S. Equal Employment Opportunity Commission, “Overview of Federal Sector EEO Complaint Process.”
- U.S. Equal Employment Opportunity Commission, “Time Limits For Filing A Charge.”
- U.S. Equal Employment Opportunity Commission, “Filing a Lawsuit.”
- Maryland Commission on Civil Rights, “Possible Relief.”
- U.S. Equal Employment Opportunity Commission, “Remedies for Employment Discrimination.”
- U.S. Equal Employment Opportunity Commission, “Front Pay.”