St. Louis Age Discrimination Attorneys
Missouri Law Firm Representing Employees in Age Discrimination Cases
Imagine dedicating years to building a successful career, only to find that your expertise and contributions are overshadowed by prejudiced perceptions about your age. Despite being more than capable, there's a gnawing sense of being sidelined, overlooked, and underestimated because of how old you are.
If you believe you are not being treated fairly at work, have been denied a job, or have been dismissed or laid off because you are at least 40 years of age and less than 70 years of age, we may be able to help. At Sedey Harper Westhoff, we exclusively represent employees in matters of employment law, including discrimination cases. Our firm has over 40 years of legal experience and is prepared to take on companies of all sizes. We can help you understand your rights, and if we believe you have a case, take steps to enforce them and get you the justice you deserve.
You likely only have 180 days from the date you experienced age discrimination to file a complaint, so don’t wait to explore your legal options. Schedule a consultation with our St. Louis age discrimination lawyers today by calling (314) 819-0963 or contacting us online.
What Is Age Discrimination in the Workplace?
In Missouri, age discrimination in the workplace is considered any unjust or prejudicial treatment of an employee or job applicant based on their age when they are at least 40 years old and less than 70 years old. Under the Missouri Human Rights Act (MHRA), it is unlawful for employers to make employment decisions, such as hiring, firing, promotions, job assignments, or training opportunities, solely on the basis of an employee's age when they are 40 or more years of age but less than 70 years of age. Furthermore, creating a hostile work environment through derogatory comments or jokes about age is also prohibited. The MHRA applies to most private employers with six or more employees.
Common Forms of Age Discrimination
Age discrimination in the workplace can manifest in both overt and subtle ways. Some instances are straightforward, where age-based derogatory remarks or jokes directly create a toxic environment. However, other forms of age discrimination are more insidious and are carefully veiled in actions or decisions that provide employers with plausible deniability. This nuanced approach can involve overlooking older employees for promotions or training opportunities under the guise of other business considerations. Such subtle signals can be challenging to identify and prove, making it all the more important to understand the different forms age discrimination can take.
Examples of age discrimination in the workplace can include:
- Hiring and promotion bias. One of the most obvious forms of age discrimination occurs during the hiring and promotion processes. Employers may favor younger candidates over older ones, even when the latter possess more experience and qualifications. This bias can result in older applicants being dismissed or overlooked without fair consideration of their capabilities.
- Targeting for job reductions. In times of restructuring, older employees may find themselves disproportionately targeted for layoffs or early retirement incentives. Employers might justify these decisions on financial grounds, arguing that longer-tenured employees are more costly, though the underlying motive may be age-related prejudice.
- Exclusion from projects and opportunities. Subtle age discrimination often appears in the exclusion of older employees from significant projects or development opportunities. Employers might argue that they are giving chances to newer or younger employees to build experience, consequently sidelining senior staff and limiting their career progress.
- Negative stereotyping. Preconceived notions and stereotypes about older workers being less adaptable to change, resistant to technology, or less energetic can lead to unfair treatment and decisions. These biases contribute to a culture that diminishes older employees' contributions and potential, reinforcing a cycle of discrimination.
- Hostile work environments: Even when not excluded from roles or projects, older employees may face a hostile work environment through consistent disparaging comments or jokes about their age. Such behavior fosters an uncomfortable atmosphere that can be emotionally draining, impacting performance and job satisfaction.
If you believe you have suffered age discrimination, do not wait to call (314) 819-0963 or contact us online.
Frequently Asked Questions About Wrongful Death in Missouri
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How Do I Know If I Have a Valid Age Discrimination Claim in Missouri?
Determining whether you have a valid age discrimination claim requires a careful examination of the circumstances and facts surrounding your situation. Remember, age discrimination in the workplace can be extremely subtle and challenging to prove, so if you aren’t entirely certain whether you have a claim, it is in your best interest to consult an experienced employment lawyer.
Here are key elements to consider:
- Evidence of discriminatory behavior. First, identify any direct or indirect evidence that suggests age-related bias. This includes ageist remarks from supervisors or coworkers, patterns of exclusion from projects or promotions, and any unjustified adverse employment actions that seem tied to your age. It's important to gather documentation like emails, notes from meetings, or witness statements that support your claim.
- Comparative treatment. Evaluate whether younger employees are treated more favorably in similar situations. Examples include being consistently chosen for promotions, receiving better performance evaluations without substantial justification, or facing different standards for misconduct. These comparisons can help highlight potential discrimination.
- Adverse employment actions. Identify any specific actions that have negatively impacted your employment. This includes firing, demotion, salary cuts, or undesirable job reassignments directly linked to your age. Conversely, consider if you have faced less overt actions, such as being geographically relocated or deliberately given menial tasks, that reflect a pattern of discriminatory behavior.
- Employer's justification. Consider the reasons provided by your employer for the actions in question. If their explanations seem pretextual or inconsistent, this could serve as evidence of discriminatory intent. Look for contradictions in rationale or disparities in how policies are applied to younger versus older employees.
- Consistency with state law. The Missouri Human Rights Act specifically protects employees aged 40 and older and less than 70 years of age from discrimination. If you do not meet this age criteria, you likely do not have a case at the state level.
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What Is the Process for Filing an Age Discrimination Lawsuit in Missouri?
You cannot immediately file an age discrimination lawsuit against your employer, even if you have substantial evidence demonstrating egregious misconduct. Initially, you must file a complaint with the MCHR or the federal Equal Employment Opportunity Commission (EEOC). (Note that our firm generally prefers to handle age discrimination claims at the state level.) This is a mandatory step before any lawsuit can be pursued, as it initiates an investigation into your claim. The charge must be filed with the MCHR within 180 days from the date of the discriminatory act to preserve the validity of your case.
Once the charge is filed with the MCHR, they will review the complaint and may offer mediation as a means of resolving the issue. Mediation can allow both parties to negotiate a settlement without undergoing lengthy legal proceedings. If mediation is unsuccessful or not pursued, the agency will conduct a thorough investigation, gathering evidence, conducting interviews, and assessing whether there has been a violation of anti-discrimination laws.
Once 180 days have passed from the date you filed your complaint, you can ask for a “right to sue” letter. The MCHR will stop its investigation if you request this letter and will take no further action on your behalf.
If you don’t request this letter, they’ll complete their investigation and determine whether they have evidence that supports probable age discrimination. If they do think there’s probable cause, they will work to settle your case with your employer. If these negotiations are unsuccessful, they will proceed to a hearing, where a hearing examiner will make a final decision. If the MCHR doesn’t think they have enough evidence to pursue their own case, they will issue a letter saying so, and you’ll have a right to appeal.
Filing your own lawsuit involves drafting and submitting a formal complaint that outlines the discriminatory acts, the applicable laws, and the relief sought. Our St. Louis age discrimination lawyers can assist you with this process and aggressively fight for you in and out of the courtroom.
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How Long Does a Missouri Age Discrimination Lawsuit Usually Take?
The duration of a Missouri age discrimination lawsuit can vary significantly depending on numerous factors, including the complexity of the case, the willingness of parties to settle, and the workload of the court system.
Again, you cannot sue until you have received a “right to sue” letter from the MCHR or EEOC. You can request this letter from the MCHR after waiting 180 days from the date you submitted your initial complaint.
Moving forward with a lawsuit may involve prolonged pre-trial proceedings, including discovery, where both parties gather evidence. The discovery phase itself can take anywhere from several months to over a year, depending on the scope of the evidence and any challenges that arise. Additionally, seeking resolution through mediation or settlement discussions can either shorten or lengthen the timeline based on the outcomes. If your case proceeds to trial, additional delays may occur due to scheduling and other procedural requirements.
We understand that the lengthy process of pursuing an age discrimination lawsuit can be incredibly frustrating. Our attorneys can keep you informed throughout each stage of the legal process and are prepared to work efficiently to get you justice.
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What Are the Potential Outcomes of a Missouri Age Discrimination Lawsuit?
An age discrimination lawsuit can result in one of several outcomes. One possibility is a settlement, which can occur at any stage of the litigation process. In a settlement, the parties agree on a resolution without proceeding to trial, often involving compensation for lost wages, damages for emotional distress, or other agreed-upon remedies. Settlements provide a quicker resolution and reduce the uncertainty and costs associated with a trial. However, not all employers are willing to settle, and some may make woefully inadequate offers.
If the lawsuit proceeds to trial, the court may rule in your favor, resulting in a judgment. This can lead to various forms of legal relief, including compensation for lost earnings and benefits, reinstatement to a previous job position, changes in workplace policies, or punitive damages in cases of egregious conduct by your employer. Your employer will also likely be responsible for covering your attorney’s fees and other court costs if you win your case.
If the court sides with your employer, they may dismiss your case. Should this occur, you will not receive any compensation or relief unless you successfully appeal the decision.
- We advise you about whether you have a case and how strong it is.
- We help you negotiate for severance or a better severance package.
- We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
- We prosecute your case in state and federal court for a just result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
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