Charleston Age Discrimination Legal Support

Advocating for Victims of Age Discrimination in West Virginia

Age discrimination in the workplace is not only unfair but also illegal. At Rod Smith Law PLLC, we are dedicated to fighting for the rights of employees who have been discriminated against because of their age. If you believe you have been a victim of age discrimination, you need a skilled and experienced Charleston age discrimination attorney to help you navigate your case and seek justice.

Call Rod Smith Law PLLC today at (304) 406-7076 or contact us online to schedule a consultation with our age discrimination lawyer in Charleston.

Understanding Age Discrimination in the Workplace

Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age. The West Virginia Human Rights Act (WVHRA) protects individuals who are 40 years of age or older from workplace discrimination based on age. Employers are prohibited from making employment decisions based on age-related stereotypes or assumptions about an individual's abilities or performance.

Common Forms of Age Discrimination

Age discrimination can take many forms, some of which may be more obvious than others. Here are a few examples:

• Hiring Practices: An employer refuses to hire a qualified applicant because they believe the applicant is too old to fit into the company culture or to keep up with younger employees.
• Promotion and Advancement: An older employee is passed over for a promotion in favor of a younger, less experienced colleague despite having a strong performance record and more experience.
• Job Assignments: Older employees are given less desirable job assignments or are excluded from training and development opportunities because of assumptions that they are not capable of learning new skills.
• Harassment: An older employee is subjected to derogatory comments, jokes, or harassment about their age by supervisors or colleagues, creating a hostile work environment.
• Layoffs and Termination: Older employees are targeted for layoffs or forced into early retirement, while younger employees in similar positions are retained.

Essential Evidence for Age Discrimination Claims

Proving age discrimination can be challenging but with the right evidence, it is possible to build a strong case. Here are some types of evidence that can support an age discrimination claim:

• Direct Evidence: This includes explicit statements or actions by employers that demonstrate a preference for younger employees. For example, an email or memo stating that the company wants to hire younger workers can serve as direct evidence.
• Circumstantial Evidence: This involves demonstrating a pattern of behavior that suggests age discrimination. For example, showing that the majority of employees laid off during a reduction in force were over 40, while younger employees were retained, can be compelling circumstantial evidence.
• Performance Reviews: If an older employee has a history of positive performance reviews and suddenly receives negative reviews or is demoted without justification, this can indicate age discrimination.
• Comparative Evidence: Comparing the treatment of older employees with that of younger employees in similar positions can help demonstrate discrimination. If younger employees are consistently receiving better assignments, promotions, or raises, this may be evidence of discriminatory practices.
• Witness Testimony: Colleagues or former employees who have witnessed discriminatory behavior or heard discriminatory statements can provide valuable testimony in support of an age discrimination claim.
• Documentation: Keeping detailed records of all incidents, communications, and actions that you believe constitute age discrimination is crucial. This can include emails, memos, performance reviews, and notes from meetings.

Get Legal Help from Our Charleston Age Discrimination Attorney

If you believe you have been a victim of age discrimination, it is important to act quickly. There are strict deadlines for filing discrimination claims, and gathering evidence can be time-sensitive. At Rod Smith Law PLLC, our Charleston age discrimination attorney is committed to protecting your rights and helping you achieve a fair outcome. We offer compassionate and knowledgeable legal representation to guide you through the process of filing a claim and seeking justice.

Contact Rod Smith Law PLLC today to get started with our Charleston age discrimination attorney.