Age Discrimination Claims

An employer cannot deny an employee pay or benefits or fire an employee because of his or her age. An employer may also not classify employees into groups on the basis of age in a way that unfairly deprives older workers of employment opportunities. For example, an employer may not relegate older workers to a particular level of employment within the company or decline to promote workers because of their age.  

The Law Offices of Kevin J. Dolley's Victory Before the Missouri Supreme Court
A Change in Missouri Age Discrimination Law

In 2007, this firm argued before the Missouri Supreme Court and won adoption of the most current standard for age discrimination cases in Missouri in the seminal case, Daugherty v. City of Maryland Heights.  Under Missouri law, the determination of whether an employee over the age of 40 was terminated based upon age is analyzed by determining whether there is evidence that age discrimination was a “contributing factor” in the employer taking an employment action against the employee. 

Federal Age Discrimination Law

Age discrimination is prohibited under federal law by the Age Discrimination and Employment Act of 1967 (also known as the "ADEA"). The Act protects individuals age forty (40) and above from discrimination on the basis of their age. This protection relates to hiring, firing, promotion and other conditions of employment that are impacted due to age of an employee. The ADEA, which applies to employers, labor organizations, and employment agencies makes it unlawful for an employer “to fail or refuse to hire or 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.” The statute applies to hiring, discharge, and promotion and prohibits discrimination in employee benefit plans such as health coverage and pensions.

The Age Discrimination in Employment Act functions similarly to other federal discrimination laws, such as Title VII and the Americans with Disabilities Act (ADA). However, the ADEA has its own rules concerning which employers are covered and some differing rules and requirements.

Contact our Labor and Employment Law Firm

To set up a consultation, please contact the Law Offices of Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.  For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.