Time stops for no one, and aging can be a source of anxiety for many people in the workplace. If you believe your employer pushed you out, passed you over, or treated you differently because of your age, you have rights. But having rights is not the same as winning an age discrimination case. To win, you need a clear strategy and the right evidence, while following strict deadlines under both federal and Maryland law.
At Smithey Law Group LLC, our effective and award-winning legal team guides Maryland employees through discrimination cases day after day. Below, we explain the basics of how age discrimination protections work and what steps you can take to protect your claim.
What Is Age Discrimination?
Age discrimination is illegal under state and federal law. However, Maryland law is more employee-friendly and covers a broader range of discrimination cases. Let’s take a look below at some of these laws.
The Federal Age Discrimination in Employment Act (ADEA)
The federal Age Discrimination in Employment Act of 1967 (ADEA) protects employees who are 40 years old or older from age-based employment discrimination. However, this only applies to employers with 20 or more employees.
Maryland Law
Maryland law also protects employees from age discrimination under the State Government Code. Unlike the ADEA, Maryland law does not limit age discrimination rights to individuals 40 or older. An employee can initiate a Maryland discrimination claim no matter the size of their employer’s workforce.
Types of Age Discrimination
There are many ways an employer can violate state or federal anti-discrimination laws. Your employer or potential employer might be liable if they take any of the following actions against you because of your age:
- Refuse to hire you,
- Fire you,
- Lay you off,
- Refuse to promote you,
- Limit your compensation,
- Punish you unfairly,
- Deny you benefits,
- Harass you,
- Give you unfavorable job assignments,
- Isolate you, or
- Put you in undesirable work conditions.
The law also prohibits an employer from retaliating against you for complaining about age discrimination.
What Types of Age Discrimination Exist?
To improve your chances of winning an age discrimination case, you must show that:
- You were qualified for your position,
- You suffered an adverse employment action, and
- Your age was a determining factor for the employer’s action.
There are three major ways age discrimination shows up in the workplace. If you experience any of the following, you may have a claim for age discrimination.
Overt Age Discrimination
Considered the most obvious form of discrimination. It involves employers making outright statements about your age or enacting unfair, age-based policies at work. You might be the victim of overt discrimination if your employer makes:
- Comments about wanting “youthful” or “energetic” workers,
- Statements about older employees being “undesirable,”
- Comments about your age or age-related characteristics in general, or
- Receipt of work opportunities and benefits (except for retirement benefits in many cases) based on age requirements.
Anti-discrimination laws have been in effect for decades, so employers are unlikely to engage in overt discrimination, but there are still many who are brazen enough to do so.
Disparate Treatment
Disparate treatment discrimination happens when your employer treats you worse than younger employees in similar situations. Examples of this type of discrimination include an employer:
- Giving a younger worker a promotion over you despite them having less experience and more negative evaluations,
- Not disciplining younger employees for the same behavior you display while you receive harsh punishment, or
- Selecting only you and other older workers for layoff while younger workers remain.
In these cases, you must be able to defeat an employer’s claims that they terminated you for good cause.
Disparate Impact
Some policies look neutral but harm older workers more than younger ones. For example, an employer might break the law if they have:
- A reduction-in-force policy that disproportionately affects workers over 50, or
- Compensation systems that reduce benefits based on age.
Proof in these cases can be difficult to pinpoint, but we can help you gather the strongest evidence for this or any type of discrimination case.
How Do I File a Discrimination Claim?
To file a federal discrimination claim, you must file an administrative complaint with the U.S. Equal Employment Opportunity Commission (EEOC). If you want relief under state law, you can file an administrative claim with the Maryland Commission on Civil Rights (MCCR). You also have the option of suing your employer in civil court. However, you may need to initiate an administrative complaint first.
Filing a Federal Charge with the EEOC
Under federal law, most workers must file a charge of discrimination with the EEOC within 300 days (this timeline is shorter for federal employees). But remember that you can file an EEOC charge only if:
- You were 40 or older when the discrimination occurred, and
- Your employer has at least 20 employees.
Once you open your case, the EEOC investigates the matter and may facilitate mediation or hold a hearing to resolve the issue. If you don’t resolve the matter through the EEOC, they might give you a right-to-sue notice that authorizes you to take your claim to civil court. However, you cannot sue an employer in civil court until you receive that notice.
Filing a State Complaint with the MCCR
If you want to file a state claim, if you faced discrimination when you were younger than 40, or if your employer has fewer than 20 employees, you may file your complaint with the MCCR. In general, you have 300 days to file a complaint. However, if your case involves age-based harassment, you have two years to initiate your complaint. Missing a deadline can end your case before it begins, and hitting the right deadline can be tricky. So, consulting a knowledgeable Maryland discrimination attorney as soon as possible can be vital.
What Evidence Might You Need for Winning an Age Discrimination Case?
Strong evidence separates frustration from success in discrimination cases. Your best evidence might come from the following sources:
- Written communications,
- Performance reviews,
- Internal complaints,
- Disciplinary notices,
- Witness testimony,
- Personnel files,
- Employer handbooks,
- Wage records,
- Letters of commendation,
- Promotion records,
- Compensation data,
- Photos,
- Job ads,
- Application forms, and
- Statistical evidence.
If you suspect age discrimination, preserve everything you legally can. Do not alter documents and share what you can with an experienced attorney right away.
What Remedies Are Available for Age Discrimination Claims?
If you win your case, you might receive:
- Back pay,
- Front pay,
- Compensation for other financial losses,
- Payment for emotional distress,
- Job or benefit reinstatement,
- A promotion,
- Other equitable relief,
- Punitive damages cases, and
- Attorney fees.
To receive these remedies, you must follow the rules and provide strong evidence.
Take the First Step with Us
If you believe your employer treated you differently because of your age, talk to an attorney now. At Smithey Law Group, we are top-rated practitioners who are leaders in the legal community. We can protect you and help you get the best out of your age discrimination case. Please call or contact us online to schedule a case 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 (EEOC), Age Discrimination in Employment Act of 1967.
- MD. CODE ANN., State Government § 20-606.
- Maryland Department of Budget and Management, EEOC Age Discrimination Brochure.
- U.S. Equal Employment Opportunity Commission, Filing a Charge of Discrimination.
- U.S. Equal Employment Opportunity Commission, Time Limits for Filing a Charge.
- Maryland Commission of Civil Rights, Employment Anti-Discrimination Law.
- U.S. Equal Employment Opportunity Commission, Chapter 11 Remedies.
- U.S. Equal Employment Opportunity Commission, Enforcement Guidance on O’Connor v. Consolidated Coin Caterers Corp. (Sept. 18, 1996).
- U.S. Equal Employment Opportunity Commission, Section 10 Compensation Discrimination (Dec. 5, 2000).
