Layoffs are an unwelcome fact of life in today’s economy. Nobody likes being laid off, but it’s worse when you think you were unfairly let go because of your age.
Age discrimination, like other forms of discrimination in employment, is illegal in Texas. Proving age discrimination is difficult, but it isn’t impossible. We’ll review what age discrimination is, why it’s illegal, and what you need to watch out for to protect yourself in case you’re unfairly laid off in Texas.
Click to skip ahead:
- What is age discrimination?
- When layoffs hide age discrimination
- How to prove age discrimination in a layoff
- Steps to take after you’ve been laid off
What is Age Discrimination?
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that makes it illegal to “discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”
Chapter 21 of the Texas Employment Code mirrors this language, and includes age with all other protected classes, such as race, religion, gender, and national origin. Sec. 21.101 further defines “age” to mean only individuals aged 40 and over.
In general, it is unlawful to fire or lay off individuals over the age of 40 solely because of their age without other reasonable factors. Texas allows some professions to have stated age limits when hiring employees. For instance, airlines are allowed to have mandatory retirement ages for pilots. For more detailed information on age discrimination and the ADEA, check out our detailed breakdown here.
When Layoffs Hide Age Discrimination
The ADEA was enacted because workers were staying in the workforce longer and some employers were firing older workers to avoid paying retirement bonuses and higher wages.
Layoffs can hide age discrimination in any industry. In some industries, such as the tech or heavy construction fields, sectors where large numbers of Texans work, it’s tempting for employers to seek to ease out older, more expensive workers in favor of younger, cheaper employees. But doing this as part of a larger wave of layoffs doesn’t always hide that original discriminatory intent.
How to Prove Age Discrimination in a Layoff
What can you do if you think a recent layoff was really a way to hide discriminatory behavior? Look for some of these signs:
- A majority of laid off employees were over 40
- Substantially more older employees were laid off than their significantly younger peers, even if the younger peers are over the age of 40 too.
- The layoffs were unrelated to performance or seniority.
- Younger workers in similar situations were unaffected.
- You or others were replaced by younger or less experienced workers.
It can be difficult to prove discrimination in a one-on-one situation, for instance, if you are the only one laid off. However, if you were laid off and a significantly younger peer (even if over 40 years of age themselves) was not laid off, and you have demonstrably more experience doing the job or longer tenure, then you may have a claim. If you are laid off and told it was because your job was being eliminated, but then you see a job posting for the substantially same job, or if a significantly younger person is hired, promoted or re-assigned to your job, then you may have a claim for age discrimination. If you can find other workers who were also displaced by younger workers, you may be able to demonstrate a pattern of behavior by your employer that is discriminatory.
If you were the only one affected, be sure to document the following to help substantiate your age discrimination claim:
- Ageist behavior directed at you. Questions about retirement such as “When do you expect to retire” and “Thinking about retiring soon?” may well be evidence of age discrimination, particularly if you have never indicated an intent to retire.
- Comments about making way for new blood or fresh ideas or anything about giving the younger generation a chance are also often evidence of age discrimination.
- Changes in your schedule or workload, especially if they were not requested, make your job more difficult or reduce your pay are common discriminatory behaviors and are intended to make you quit without the effort of firing you.
- Being asked to train a younger person how to do your job without explanation.
Steps to take after you’ve been laid off
If you think your layoff was age-related, you should consult an attorney experienced in age discrimination right away. Like all other types of job discrimination, you have a deadline to report the discrimination, and you must do so with key details included that will help support your claim.
That’s where we come in: Jackson Spencer Law has been fighting and winning cases in Texas for employees of all ages for years, including representing employees over the age of 40 who have been treated differently than their younger peers. Call us for a free, no-obligation consultation on your case. We’ll review the facts and get started with your age discrimination claim today.
