Legal Protections for Older Workers

Age discrimination in the workplace remains a significant concern for American workers, particularly as the workforce ages and careers extend longer than ever before. At the federal level, the Age Discrimination in Employment Act (ADEA) provides crucial protections for workers over forty. The ADEA prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and benefits. Importantly, this federal law applies to employers with twenty or more employees, including private businesses, employment agencies, labor organizations, and federal, state, and local governments.

Texas law provides additional protections through Chapter 21 of the Texas Labor Code, which mirrors many federal protections but extends coverage to smaller employers. In Texas, companies with fifteen or more employees must comply with age discrimination laws, making these protections accessible to workers at smaller businesses. Texas law also prohibits retaliation against employees who oppose age discrimination, file a complaint, or participate in an investigation. This anti-retaliation provision serves as a crucial safeguard for workers who stand up against discriminatory practices.

Unlike under federal law, the state law in Texas allows older workers to seek punitive damages and damages for mental anguish.

Understanding these legal protections is essential for both employers seeking to maintain compliant workplaces and employees working to safeguard their rights in an increasingly age-diverse workforce. If you are an employee who believes you've been terminated or otherwise discriminated against because of your age, it's important that you contact an experienced employment attorney to evaluate your case.