QUESTION
How long can it take to settle an age discrimination claim.
Asked on Apr 23rd, 2014 on Discrimination - Indiana
More details to this question:
I am to be let go due to a facility closure. However there is a possibility that I could be transferred. I believe that I won't because my supervisor told me that his supervisor told him in a conversation. "Why should we transfer a 66 year old?"
1 ANSWER
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The ADEA or Age Discrimination in Employment Act protects those individuals who are 40 years or older. Age must be shown to be the cause of the adverse employment action, not just a motivating factor. In your case, the ageist comments made by your supervisor would certainly suggest that was the reason for you being let go as opposed to being transferred to a new facility.
In order to make a claim under the ADEA, you must file a Complaint of Discrimination with the Equal Employment Opportunity Commission, ("EEOC"). The EEOC will investigate the claim and make a determination as to whether there is evidence to substantiate the discrimination alleged in the Complaint.
If you have specific questions about your case, or wish to speak with an attorney who practices employment law, do not hesitate to contact me.
Answered on May 15th, 2014 at 3:25 PM