Age Discrimination Attorney in Southwest Missouri

If you believe you've been unfairly treated or overlooked due to your age in the workplace, Attorney Raymond B. Lampert, an experienced Southwest Missouri age discrimination attorney, is here to help.

Lampert Law Office, LLC is dedicated to protecting the rights of those facing age-based bias, advocating for justice, and assisting employers with adhering to state and federal laws that prevent discrimination.

When you choose to work with Lampert Law Office, LLC, you can expect personalized, compassionate legal representation to help you work through this challenging situation. Contact Attorney Raymond B. Lampert today to schedule a consultation.

What Federal Laws Address Age Discrimination?

At the federal level, the Age Discrimination in Employment Act of 1967 (ADEA) is the primary law that protects employees aged 40 and older from discrimination in the workplace. 

The ADEA applies to employers with 20 or more employees and prohibits discrimination against workers on the basis of age in hiring, firing, promotions, layoffs, compensation, job assignments, training, and other employment conditions.

Under the ADEA, employers are prohibited from making decisions about an employee’s employment based on the employee’s age, unless the employer can prove that the age-based decision was based on a reasonable factor other than age.

The ADEA also bars retaliation against individuals who file an age discrimination claim or participate in an investigation regarding age discrimination.

While the ADEA is the primary federal protection, other laws also contribute to the broader baseline of protecting older workers. 

For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin, but age discrimination claims may overlap with gender or race claims. Moreover, the Americans with Disabilities Act (ADA) also indirectly protects older workers if they have a disability.

Of course, Missouri has its own laws addressing age discrimination in the workplace.

Missouri-Specific Legislation on Age Discrimination

One important law is the Missouri Human Rights Act (MHRA), which prohibits discrimination based on race, color, religion, national origin, ancestry, sex, disability, age, or familial status in employment. 

The MHRA mirrors much of the language found in federal laws but can offer broader protections in some cases, as it extends protections to smaller employers than the federal ADEA.

Missouri Human Rights Act (MHRA)

The Missouri Human Rights Act (MHRA) prohibits discrimination on the basis of age in the workplace for individuals 40 years or older. Unlike the ADEA, which applies to employers with 20 or more employees, the MHRA applies to employers with six or more employees. 

This means that Missouri workers are protected from age discrimination in a broader range of workplaces, especially small employers who may not be covered by the ADEA.

Under the MHRA, it's unlawful for employers to discriminate against employees based on age in decisions related to hiring, firing, promotion, job assignments, or any terms and conditions of employment. 

If an employee believes they've been discriminated against because of their age, they can file a complaint with the Missouri Commission on Human Rights (MCHR), which is responsible for enforcing the law.

Employees can file a complaint with the MCHR within 180 days of the alleged discriminatory action. If the MCHR finds probable cause that age discrimination occurred, it will attempt to mediate the issue. 

If mediation fails, the employee may take legal action by filing a lawsuit in state court. This process provides workers with a state-level remedy in addition to the protections offered by federal law.

Legal Protections Against Age Discrimination in Missouri

In Missouri, age discrimination laws provide strong protections for employees, particularly those who are over the age of 40. Some of the key legal protections under Missouri law include:

• Prohibition against age-based employment decisions: Employers can't make decisions regarding hiring, firing, promotions, or other employment-related decisions based solely on an employee’s age. Employers are also prohibited from establishing policies that disproportionately disadvantage older workers unless the employer can demonstrate that the policy is necessary and not based on age-related bias.

• Retaliation protection: Just as the ADEA protects employees from retaliation for asserting their rights under the law, the MHRA provides the same protection. An employee who files a claim of age discrimination or cooperates with an investigation of age discrimination can't be retaliated against, demoted, or terminated.

• Equal pay for equal work: The Equal Pay Act of 1963 prohibits pay discrimination based on gender, but it also applies to age discrimination in some cases. If an older employee is being paid less for performing the same job as a younger employee, the older worker may file a complaint, alleging age-based pay discrimination.

• Harassment: The MHRA also prohibits harassment based on age. This includes any unwelcome conduct that creates a hostile work environment for employees based on their age. Examples may include age-based jokes, comments, or derogatory remarks that create an atmosphere that’s intimidating or offensive to employees.

• Disparate impact: In some cases, employment practices that seem neutral may disproportionately affect older workers. For example, policies that focus on hiring younger employees, or that favor employees with less experience, may result in older workers being excluded. Under Missouri law, these types of practices may be challenged as unlawful age discrimination, even if the policy doesn't explicitly target older workers.

If Missouri employees believe they've been victims of age discrimination, they can take several legal steps to address the issue with the help of an experienced Southwest Missouri age discrimination attorney.

Filing an Age Discrimination Complaint in Missouri

These steps often begin with filing a complaint with the Missouri Commission on Human Rights (MCHR).

Filing a Complaint With the MCHR

If an employee believes they've been the victim of age discrimination, they must file a complaint with the MCHR within 180 days of the alleged discriminatory action. The complaint should include:

• A detailed account of the alleged discrimination.

• Specific information about the employee’s age, the employer’s actions, and any other relevant facts.

• Evidence supporting the employee’s claim of age discrimination (e.g., emails, documents, witness statements).

Once a complaint is filed, the MCHR will investigate the claim. If the MCHR determines that there’s probable cause to believe discrimination occurred, it may attempt to resolve the matter through mediation or conciliation. 

If mediation fails, the employee may have the option to file a lawsuit in state or federal court with the help of a Southwest Missouri age discrimination attorney, depending on the specifics of the case.

Legal Action

In Missouri, employees who file a discrimination claim with the MCHR can also file a lawsuit directly in state court if the MCHR fails to resolve the complaint. Working with a Southwest Missouri age discrimination attorney at this stage is recommended.

Missouri courts will then consider whether age discrimination occurred based on the facts and evidence presented in the case. If successful, the employee may be entitled to remedies such as back pay, front pay, compensatory damages, and attorney’s fees.

Addressing Age Discrimination

Despite existing protections, age discrimination remains a persistent issue in many workplaces across Missouri and the United States. To combat age discrimination, a multifaceted approach is necessary.

As an employer, it may be in your best interest to work with a Southwest Missouri age discrimination attorney to establish the following:

• Training and education: Employers should implement training programs aimed at preventing age discrimination in the workplace. These programs can raise awareness about implicit biases related to age and teach managers to evaluate employees based on their performance rather than their age.

• Transparency in hiring and promotion: Employers should make sure that their hiring, promotion, and termination policies are transparent and based on objective criteria, such as skills, experience, and qualifications, rather than age.

• Support for older employees: Employers should create a supportive environment for older employees by offering opportunities for career advancement and providing retraining or mentoring programs for those at risk of being marginalized.

Age discrimination is a serious concern for employees in Missouri, and laws such as the Age Discrimination in Employment Act (ADEA) and the Missouri Human Rights Act (MHRA) offer essential protections. 

Employees who experience age discrimination have legal recourse through state and federal channels, including the Missouri Commission on Human Rights and Missouri state courts. 

However, when you're experiencing age discrimination, fighting for your rights alone can often feel overwhelming. Working with a Southwest Missouri age discrimination attorney can help.