San Antonio Age Discrimination Lawyer
As with other types of discrimination, age discrimination (sometimes colloquially referred to as “ageism”) is prohibited in the workplace. The San Antonio age discrimination attorneys Melton & Kumler LLP are experienced with the specifics of the applicable state and federal laws, specifically the Age Discrimination in Employment Act of 1967, also known as ADEA. Call 512-330-0067 today.
What is the ADEA?
The Age Discrimination in Employment of 1967 was designed to prohibit discrimination on the basis of age for employees over 40. It also specifically prohibits the following:
- Using age as a criterion in hiring, firing, promotions, benefits, and compensation.
- Posting any notices regarding age preference or limitations.
- Denial of benefits based on age-related factors.
- Forced retirement, with certain exceptions.
Can I be Required to Waive my ADEA Rights?
Certain employers can request that you waive your ADEA rights as a condition of employment. However, there are only certain circumstances and certain employers for which this can occur, so be sure to contact a San Antonio age discrimination lawyer experienced in these laws before signing any waivers. In order to prevent the predatory usage of such waivers, the ADEA requires that certain conditions must be met for a waiver to be valid:
- The waiver must be in writing, and must also advise, in writing, that a potential employee contact an age discrimination attorney before agreeing to the waiver.
- The waiver must specifically refer to the ADEA, and may not waive any rights or claims that may arise in the future.
- The waiver must be signed in exchange for “valuable consideration”, most often in the form of compensation, salary, or benefits.
- The waiver must allow a 21 day period in which to consider the offer, along with a 7 day period in which the potential employee can revoke his decision to waive his or her rights.
Contact Us
If you believe you may be the target of age discrimination, either implicitly or explicitly, or if you have been asked to waive your ADEA rights as a condition of employment, contact the San Antonio age employment attorneys of Melton & Kumler today at 512-330-0067.