More Workers Cite Age Bias Following Layoffs

In a March 11, 2009 article, the Wall Street Journal reported that as unemployment intensifies in the economic downturn, claims of age discrimination are soaring.  See, Levitz, Jennifer and Philip Shishkin, “More Workers Cite Age Bias After Layoffs,”  Wall Street Journal, http://www.wsj.com , 3/11/09.  As reported in the article, federal Equal Employment Opportunity Commission (”EEOC”) figures show that age discrimination allegations by employees are at a record high, jumping 29% to 24,600 filed in the year ended September 30, up from 19,103 in 2007.  According to the article, there are an increasing number of aging employees in the workplace, and laid-off older workers may be taking more legal action to recover their jobs or lost wages because it is harder for them than younger workers to find new employment and lawyers say recent legal developments make it easier for employees to allege age bias.  Further, the article notes that it is also possible that businesses may be targeting older workers in some layoffs because, according to an EEOC spokesman, “the senior staffers are generally the highest paid and have the most lucrative benefits.”  For its own part, the EEOC reportedly issues “merit findings” in age discrimination complaints on about 20% of the charges filed with the EEOC and another 60% of cases are typically given “right-to-sue” letters by the EEOC, allowing the plaintiffs to file a civil court case.  A Texas A&M economist referenced in the article stated that most cases brought in court are settled.  Further information about the EEOC may be found at the agency’s website at www.eeoc.gov .

In Texas, the Texas Workforce Commission (”TWC”) offers general information to the public about age discrimination in its “Employment Discrimination Fact Sheets” which may be found at the TWC website at http://www.twc.stae.tx.us/crd/facts.html .  According to the TWC, Chapter 21 of the Texas Labor Code and the Age Discrimination in Employment Act of 1967 (”ADEA”) protect individuals who are 40 years of age or older from employment discrimination based on age, and the ADEA’s protections apply to both employees and job applicants.  In this regard, the TWC “Facts About Age Discrimination” says that under the ADEA it is unlawful to discriminate against a person because of their age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.  Further, it is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

Whether age discrimination or age bias in the workplace occurs in Amarillo, Austin, Corpus Christi or elsewhere in Texas, victims of employment related age bias may contact the EEOC, the TWC and a lawyer to determine if an age bias lawsuit may ultimately be appropriate under the specific facts and circumstances of the potential age discrimination claim.