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Age Discrimination

Justice starts today with a confidential attorney consultation.

Age discrimination in the workplace is one of the most common types of illegal employment discrimination. In the last 25 years, the number of workers age 55 and older in the American workforce has doubled, and unfounded assumptions about age and ability continue to drive age discrimination in the workplace in Maryland.

At the Employment Law Center of Maryland, we take workplace age discrimination cases across Maryland, and litigate cases before the U.S. Equal Opportunity Commission (EEOC), the Maryland Commission on Civil Rights (MCCR), as well as local equal employment opportunity and human relations commissions. If you're looking for a Maryland age discrimination lawyer near you, get in touch with us today.

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Justice for age discrimination in the workplace starts today with a confidential lawyer consultation.

Federal AGE DISCRIMINATION Law

The most important federal law prohibiting age discrimination in the workplace is the Age Discrimination in Employment Act of 1967 (the ADEA). The ADEA prohibits age discrimination in employment, and promotes the employment of older workers based on their ability—not their age.

The ADEA protects both current employees and job applicants who are age 40 and older. Because of this requirement, younger employees with "reverse" age discrimination claims should consider pursuing their claim under state or local laws (see below).

The Age Discrimination in Employment Act (ADEA) only protects workers age 40 and older.

The ADEA prohibits age discrimination in the workplace in: hiring; promotion, discharge, compensation, and terms, conditions, or privileges of employment. It applies to employers who have 20 or more employees for each working day in either the current or proceeding year. Because of this requirement, at Employment Law Center of Maryland, we often advise individuals working for smaller employers (i.e., less than 20 employees) to pursue age discrimination cases under state or local law.

The Age Discrimination in Employment Act (ADEA) only applies to employers with at least 20 employees.

Contrary to popular belief, the ADEA does not explicitly prohibit employers from asking about a job applicant's age, or taking an employment action against them (e.g., hiring or firing) as long as the employer has a bona fide occupational qualification reasonably necessary “to the normal operation of the particular business.” In other words, if the employer can show that (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical, the employer can hire, fire, and take other employment actions based on age. This is a narrow exception, and generally applies to the employment of firefighters and law enforcement officers. If your employer is asking for your age, and doesn't have a compelling reason for doing so, you should contact a Maryland age discrimination lawyer.

A prospective employer can ask your age on a job application, but only if they have a compelling lawful purpose for needing that information (i.e., safety).

In Feldman v. Nassau County, 434 F.3d 177 (2d Cir. 2006), the court ruled that states can discriminate based on age with respect to the hiring and firing of firefighters or law enforcement officers.

At the Employment Law Center of Maryland, we file workplace age discrimination cases under the Age Discrimination in Employment Act (ADEA) in the federal U.S. District Court for the District of MarylandContact us for a confidential consultation with a Maryland age discrimination lawyer today.

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Justice for age discrimination in the workplace starts today with a confidential lawyer consultation.

MARYLAND AGE DISCRIMINATION LAWS

The state law prohibiting age discrimination in the workplace is Md. Code, State Gov't § 20-606 (known as Title 20). Title 20 states that "[a]n employer may not fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment” or “limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's employment status” because of the individual's age.

Importantly, Maryland's Title 20 does not have a minimum age requirement to bring a claim of age discrimination in the workplace, unlike the ADEA. If you are a younger (i.e., 39 or younger) Maryland worker with a "reverse" age discrimination claim, a Maryland age discrimination lawyer may recommend that you pursue your claim under state or local laws rather than the ADEA.

Unlike the ADEA, Title 20 has no minimum age requirement to bring an age discrimination in the workplace claim.

Title 20 only applies to Maryland employers that have 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Title 20 also allows age discrimination in the workplace claims to be brought against the Maryland state government.

Title 20 only applies to employers with at least 15 employees.

Like the ADEA, Maryland's Title 20 has a an exception for bona fide occupational qualifications "reasonably necessary" to the normal operation of a business or enterprise—meaning Maryland employers may engage in age discrimination in certain circumstances. If you think your employer is asking into your age without a bona fide justification, you should contact a Maryland age discrimination lawyer immediately.

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When you're ready to start fighting back against age discrimination in the workplaceyou won't be fighting alone.

local AGE DISCRIMINATION LAWS

A number of Maryland counties have enacted their own workplace age discrimination laws, including the counties highlighted below.

map of every county in Maryland that has a workplace age discrimination statute or law against age discrimination in the workplace

Local Maryland ordinances prohibiting age discrimination in the workplace include:

  • Baltimore City. The Baltimore City Code prohibits age discrimination in the workplace by employers with at least 15 employees.

  • Baltimore County. The Baltimore County Code prohibits age discrimination in the workplace by employers with at least 1 employee.

  • Frederick County. The Frederick County Code prohibits age discrimination in the workplace by employers with at least 15 employees.

  • Harford County. The Harford County Code prohibits age discrimination in the workplace by employers with at least 5 employees.

  • Howard County. The Howard County Code prohibits age discrimination in the workplace by employers with at least 5 employees.

  • Montgomery County. The Montgomery County Code prohibits age discrimination in the workplace by employers with at least 1 employee.

  • Prince George's County. The Prince George's County Code prohibits age discrimination in the workplace by employers with at least 1 employee.

Unlike the ADEA and Title 20, some Maryland counties' age discrimination in the workplace laws apply to employers with less than 15 employees.

If you're facing age discrimination in the workplace, it's important to speak with a Maryland age discrimination lawyer who can determine which federal, state, or local laws may apply to you.

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A personalized, winning strategy for your age discrimination in the workplace case is just a click away.

How do I sue for Age Discrimination?

Suing for age discrimination in the workplace in Maryland requires you to comply with strict deadlines. A skilled Maryland age discrimination lawyer will help you file the necessary complaints and keep track of the relevant deadlines.

 

Under the Age Discrimination in Employment Act (ADEA), you must file an administrative complaint of age discrimination in the workplace with the U.S. Equal Employment Opportunity Commission (EEOC) before filing a lawsuit in court, and you must file your administrative complaint of age discrimination in the workplace within 300 days of the discriminatory act (e.g., your firing).

 

However, unlike most other employment laws, you can file an age discrimination in the workplace lawsuit in court any time after 60 days have passed from the day you filed your administrative complaint. If the EEOC issues you a notice that it has concluded its investigation into your administrative complaint, you must file your age discrimination in the workplace lawsuit in court within 90 days of receiving the notice.

In Maryland, you must file an administrative complaint of age discrimination in the workplace with the EEOC within 300 days of the discriminatory act.

You can file an age discrimination lawsuit in court 60 days after you file your EEOC administrative complaint.

If you receive a "notice of right to sue" from the EEOC, you must file your age discrimination in the workplace lawsuit in court within 90 days of receiving the notice.

Under Maryland's Title 20, you must file an administrative complaint of age discrimination in the workplace with the Maryland Commission on Civil Rights (MCCR), the EEOC, or a local/county human relations commission within 180 days of the discriminatory act. Once 180 days have passed since you filed your administrative complaint, you can file an age discrimination lawsuit in a Maryland circuit court.

Under Title 20, you must wait 180 days after filing your MCCR administrative complaint of age discrimination in the workplace to file a lawsuit in court.

It's important to note that the damages you can receive for age discrimination in the workplace are different under the Age Discrimination and Employment Act (ADEA) and Maryland's Title 20—and generally your options are better under Title 20 or a local/county law. For example, under Title 20, you can be awarded compensatory damages, back pay and interest on back pay, and “any other equitable relief the complainant is entitled to recover under any other provision of the law.”

At the outset of any age discrimination in the workplace case, it's important that you speak with a Maryland age discrimination lawyer who can assess which federal, state, or local laws are most favorable for you and your case.

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Justice for age discrimination in the workplace starts today with a confidential lawyer consultation.

  • What is an example of age discrimination in the workplace?
    Age discrimination in the workplace generally takes one of three forms: direct age discrimination, indirect age discrimination, and harassment age discrimination. Direct age discrimination occurs when an employer treats you differently than another person who is in a similar situation as you, but is a different age (usually, younger). Examples of direct age discrimination would be rejecting job applications from older applicants, denying promotion opportunities to older workers, or denying employment benefits (e.g., trainings or other job perks) to older workers. Direct age discrimination's most common example is an employer firing an older, more experienced worker, to hire a younger, cheaper, less-experienced worker. Indirect age discrimination in the workplace occurs when a company's policies or practices operate in such a way as to disadvantage people in certain age groups. For example, if an organization requires that only individuals with a master's degree are eligible for an employment benefit, this could disadvantage younger workers who are less likely to have a post-graduate degree. Lastly, harassment age discrimination in the workplace occurs when employers or co-workers humiliate or degrade you because of your age. Comments about someone being "over the hill," "ancient," or "retirement age" are examples of harassment age discrimination. Harassment age discrimination claims are common in many workplaces, but can be difficult to prove, because you may need to show that your employer knew about the harassment, but did nothing to prevent or stop the age discrimination harassment. If you're unsure whether you've been a victim of age discrimination in the workplace, you should contact an age discrimination lawyer near you.
  • What is considered workplace age discrimination?
    Workplace age discrimination occurs when an employer treats an employee or job applicant more or less favorably because of their age. But not all age discrimination is illegal. Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, an exception exists for employers who discriminate based on age when age is an essential part of a particular job. This is known as a "bona fide occupational qualification," and is a very narrow exception. To use this exception, an employer must be able to sow that the age discrimination is required for the job to be performed safely and properly. For example, states are generally allowed to discriminate on the basis of age when it comes to hiring firefighters and law enforcement officers. If you're unsure whether you're a victim of workplace age discrimination, contact a Maryland age discrimination lawyernear you.
  • Can I be fired or not hired because a younger employee costs less?
    There's no clear-cut rule when it comes to hiring younger, cheaper workers. Companies often make hiring decisions based on wage or salary history (e.g., a less experienced worker may be asking for a lower salary), and this is not illegal age discrimination. However, basing hiring or firing decisions solely on age is illegal age discrimination if the employer cannot show a reasonable justification for the employment action. For example, if an employer terminates older workers to avoid paying them their benefits, pensions, etc., this runs afoul of the 1990 Older Workers Benefit Protection Act (OWBPA). Whether a hiring or firing decision constitutes illegal age discrimination in the workplace is different in every situation, and you should contact a Maryland age discrimination lawyer near you to discuss the specifics of your case.
  • Can an employer ask my age on a job application?
    Yes, a Maryland employer can ask your age on a job application; however, there are strict limits on when a Maryland employer can ask for your age on a job application, as well as how an employer can use that information. While federal and state age discrimination laws do not technically prohibit prospective Maryland employers from asking about your age, they must have a lawful purpose for doing so. This could include: Completing a background check Enforcing a lawful minimum age requirement for a position (for example, states can discriminate based on age when it comes to firefighters and law enforcement officers) Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, a prospective employer can discriminate based on (and ask about) age if they can demonstrate that (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This is known as the "bona fide business qualification" exception, and applies in cases where age is highly relevant to the position. While it's not strictly necessary, smart employers tend to, at a minimum, keep your age or other demographic data separate from the information used to evaluate your job application. Regardless, asking a job applicant's age is always risky for an employer. If you're not sure whether a prospective employer engaged in age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
  • Can my employer make me retire?
    Generally, no, your employer cannot make you retire. Under the Age Discrimination in Employment Act (ADEA), workers age 40 or older are protected from workplace age discrimination, which includes requiring employees to retire upon meeting a specific age. However, there are exceptions to the ADEA's protections, as well as Maryland's Title 20's similar age discrimination protections. A Maryland employer may discriminate based on age if they can show a "bona fide occupational qualification" reasonably necessary “to the normal operation of the particular business.” In order to demonstrate a bona fide occupational qualification, the employer must demonstrate (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This exception is often used by states for the hiring, firing, and compulsory retirement of firefighters and law enforcement officers. If you've been forced to retire, and you're concerned about illegal age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
  • Can you sue for age discrimination in the workplace?
    Yes. You can sue a current, former, or prospective Maryland employer for age discrimination in the workplace. There are a variety of federal, state, and local/county laws that prohibit age discrimination at work in Maryland. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, and terms, conditions, or privileges of employment. Md. Code, State Gov't § 20-606 (Title 20) also prohibits Maryland employers from discriminating on the basis of age. Further, the following Maryland counties/cities have age discrimination in the workplace statutes in place: Baltimore County Baltimore City Frederick County Harford County Howard County Montgomery County Prince George's County Suing an employer for age discrimination in the workplace requires you to comply with strict filing requirements and timelines. A Maryland age discrimination lawyer near you will help you file the appropriate documents, as well as keep track of the relevant deadlines.
  • How do I sue my employer for workplace age discrimination?
    To sue your Maryland employer for age discrimination in the workplace, you'll need to (1) file an administrative complaint and (2) file a lawsuit in a Maryland circuit court. Under both the Age Discrimination in Employment Act (ADEA) and Md. Code, State Gov't § 20-606 (Title 20), you need to "administratively exhaust" your age discrimination in the workplace claim before you can file a lawsuit in court. This means that you'll need to file an administrative complaint with one or both agencies, and wait either 60 or 180 days (depending on which agency you file with) for them to investigate your age discrimination in the workplace complaint. Once the requisite time has passed, or the agency has completed its investigation and issued you a "notice of right to sue," you have 90 days to file an age discrimination in the workplace lawsuit in either federal District Court for the District of Maryland or a Maryland circuit court. Suing an employer for age discrimination in the workplace is a complicated, lengthy process. A Maryland age discrimination lawyer near you will help you file the appropriate complaints, as well as keep track of the relevant deadlines.
  • What is the average settlement for age discrimination?
    The average settlement for age discrimination in the workplace lawsuits in Maryland can range from the tens of thousands of dollars to hundreds of thousands of dollars—but every case is different. A 2010 study done by Lawyers for Civil Justice found that an average out of court settlement for age discrimination in the workplace is about $40,000, and that approximately 10% of cases resulted in a settlement of at least $1 million. As you can see, this is a wide range. The following factors tend to influence the settlement amount of an age discrimination in the workplace case: The facts of the case (e.g., was the discrimination particularly outrageous or egregious?) The evidence available (documents, text messages, emails, etc.) Your credibility The skill and work ethic of your age discrimination lawyer At the Employment Law Center of Maryland, we litigate every single age discrimination in the workplace case as if it's going to trial, putting our clients in the strongest possible position to settle or win their case.
  • What are the criteria for age discrimination in the workplace?
    In a Maryland age discrimination in the workplace case, an employee must generally show the following criteria (or "elements" of the age discrimination claim): That he or she was within the protected class of age forty or over (under the Age Discrimination in Employment Act; this does not apply to state law claims under Title 20); That he or she was performing his job to the employer's legitimate expectations; That he or she was discharged (i.e., fired); and That the employer replaced him or her with someone substantially younger or treated someone more favorably who is substantially younger, or provide other evidence that indicates that it is more likely than not that his or her age was the reason for the adverse employment action. These criteria are slightly different depending the facts of each particular case, as well as whether the case is brought under federal, state, or local law. A Maryland age discrimination lawyer near you can help you identify which criteria apply to your particular case.
  • How do you prove age discrimination in firing?
    Age discrimination in the workplace claims are civil claims—meaning that they are subject to civil "discovery" procedures allowing for the review of documents, deposition of witnesses, and subpoena of other evidence. Generally, an experienced age discrimination lawyer will seek to obtain a great deal of employee data to show the disparate treatment of his or her client, including: the number of employees over age 40 employed by the employer; the number of employees over age 40 in supervisory or management positions with the employer; the salary range for the relevant job category; the average salaries of employees under age 40 and those over age 40 at the employer; and, the average starting salary of an employee over age 40 and of an employee under age 40 in each job category. In addition, an experienced age discrimination lawyer will request documents, interview and/or depose witnesses, and force the employer to testify under oath regarding the age discrimination in the workplace.
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When you're ready to start fighting back against workplace age discriminationyou won't be fighting alone.

Blog Posts

For more on workplace age discrimination in Maryland, check out the most recent blog post on this topic by the Center team:

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Helpful Links

For additional resources on age discrimination in the workplace in Maryland, check out the following helpful links:

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Justice for age discrimination in the workplace starts today with a confidential lawyer consultation.

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