Age Discrimination Attorneys in Minneapolis

Helping Victims of Age Discrimination in Minnesota

Federal law prohibits age discrimination in employment. Many states, including Minnesota, also prohibit age discrimination in employment. Under federal law, the Age Discrimination in Employment Act (ADEA), it is illegal for employers to discriminate against people who are 40 years of age or older. Under state law in Minnesota, the Minnesota Human Rights Act (MHRA) prohibits age discrimination in employment. It expands protection beyond the ADEA to include all persons who have reached the “age of majority,” which Minnesota currently defines as 18 or older.

Age discrimination in employment can occur in many aspects, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other conditions of employment.

Although off-hand remarks made by coworkers might not be enough to constitute harassment based on age, the harassment might become illegal when it occurs regularly or is so severe that it results in a hostile or intolerable work environment. An employer’s policies or procedures that apply to everyone, regardless of age, can also be illegal if they result in an adverse disparate impact on applicants or employees in a protected age range.

Call Nichols Kaster, PLLP, today at (877) 344-4628 or contact us online to schedule a meeting with our age discrimination attorney in Minneapolis!

Common Examples of Age Discrimination

The reality is that age discrimination can often have less to do with an older employee’s ability to perform their job and more to do with companies wanting to cut costs. Older workers usually earn substantially higher salaries than younger workers just starting with the company.

Age discrimination can take many forms. If you believe your age was a factor in an adverse employment action, please contact our age discrimination attorneys so we can discuss your situation and whether you have a legal claim.

The following are examples of age-based discrimination that people commonly encounter in the workplace:

• Your employer fired you or forced you to retire because of your age.
• Your employer executed a layoff that disparately impacted people in a protected age range (e.g., 40 years and older).
• Your employer reduced your compensation or benefits, demoted you, or denied you a promotion because of your age.
• Your employer prefers to hire and promote younger employees or provide them with benefits unavailable to older employees.
• An employer you interviewed with hired a younger applicant even though you were the more qualified candidate.
• Younger employees with the company are given preferential treatment when it comes to work assignments or using job-related equipment.
• Your employer disciplines you for behavior that younger workers get away with.
• Your supervisor assumes you aren’t tech-savvy or incapable of meeting the job's physical demands.
• Your performance review scores have substantially dropped despite your work habits being the same as when you were younger.

Steps to Take If You Suspect Age Discrimination

If you believe you’ve been a victim of age discrimination at work, taking the proper steps is essential to protect your rights. Follow these actions to build your case and seek the justice you deserve:

• Document the Discrimination: Keep a detailed record of every incident of discrimination or harassment, including dates, times, and descriptions of what occurred. This includes any verbal comments, actions, or unfair treatment.
• Collect Supporting Evidence: Gather any emails, memos, or messages supporting your age discrimination claims. Look for patterns that could show a recurring issue.
• Review Company Policies: Familiarize yourself with your employer’s policies on discrimination. If the company’s actions violate its rules, it can strengthen your case.
• Observe Treatment of Others: If possible, observe how other employees—especially younger workers—are treated. This can help you establish a pattern of preferential treatment based on age.
• Consult an Attorney: It’s important to consult with a knowledgeable attorney who can assess the merits of your case. A legal professional can help you understand whether you have a valid claim and provide guidance on the best course of action.
• File a Formal Complaint: Depending on your circumstances, you may need to submit a formal complaint to the Equal Employment Opportunity Commission (EEOC) or the Minnesota Department of Human Rights (MDHR). An attorney can assist in navigating this process, ensuring it is done properly and in a timely manner.

By acting swiftly and following these steps, you can better protect your rights and improve the likelihood of a favorable outcome in your case.

Contact Our Minneapolis Age Discrimination Attorneys Today

If you believe you’ve been subjected to age discrimination in the workplace, taking action promptly is essential. Both federal and Minnesota state laws strongly protect against age-based discrimination, and you have the right to seek justice. By documenting incidents, gathering evidence, and consulting with an experienced attorney, you can better understand your legal options and take the necessary steps to hold your employer accountable. Age should never be a barrier to career advancement, and with the proper legal support, you can fight for fair treatment and the opportunities you deserve.

Contact Nichols Kaster, PLLP, today to meet with our age discrimination lawyer in Minneapolis!

FAQ: Age Discrimination

Question #1: Can I sue for age discrimination if an employer says I'm “overqualified?”

A: Although each situation varies, employers are prohibited from refusing to hire an experienced job candidate because they assume the person will retire soon or find a new job. If you believe you were refused employment because of your age, let our lawyers analyze your situation so we can determine if you have a case for age discrimination.

Question #2: Do I have to disclose my age on an application or during a job interview?

A: Employers are not prohibited from asking job applicants about their age or date of birth. If a potential employer asks about your age or date of birth during an interview, you should document the incident and consult a knowledgeable attorney.

Question #3: Who is protected under the Age Discrimination in Employment Act?

A: Employees 40 and older are protected against age discrimination in the workplace if the employer has 20 or more employees. However, not all employees are covered under the Age Discrimination in Employment Act (ADEA). For example, if specific requirements are met, a narrow exception exists for bona fide executives and employees in “high policymaking positions” that could be exempt from the ADEA. Police officers, firefighters, tenured faculty at universities, and some federal employees sometimes have exceptions in their contracts that do not protect them from age discrimination.