South Carolina’s Lawyer for Age Discrimination (ADEA)

Losing your job or being passed over for a promotion because of your age can be both frustrating and financially devastating. While employers are free to make business decisions, they cannot make employment decisions simply because they believe an older worker is “too old,” “too expensive,” or should make room for someone younger.

At Summerlin Law, we represent employees throughout South Carolina who have experienced age discrimination in the workplace. If you believe your employer treated you differently because you are over the age of 40, we can evaluate your potential claim and explain your legal options.

What Is Age Discrimination?

The federal Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from discrimination based on age. The law generally applies to employers with 20 or more employees.

Age discrimination can occur in many different situations, including:

• Firing older employees while keeping younger employees with similar performance
• Passing over qualified older employees for promotions
• Hiring significantly younger applicants instead of more qualified older candidates
• Forcing older employees into retirement
• Reducing hours, pay, or responsibilities because of age
• Repeated comments about being “too old,” “needing younger energy,” or similar age-based stereotypes

Not every unfair employment decision is illegal. However, when age is a motivating factor in the employer’s decision, the employee may have a viable claim under federal law.

Retaliation for Complaining About Age Discrimination

The ADEA also prohibits retaliation.

If you report age discrimination to Human Resources, a supervisor, or the Equal Employment Opportunity Commission (EEOC), your employer cannot legally punish you for doing so.

Retaliation often includes:

• Termination
• Demotion
• Suspension
• Unwarranted discipline
• Negative performance evaluations
• Other actions designed to discourage employees from reporting discrimination

Many age discrimination cases also involve retaliation after the employee speaks up about the unlawful treatment.

Deadlines for Filing an Age Discrimination Claim

Employees generally have 300 days from the discriminatory or retaliatory act to file a Charge of Discrimination with the EEOC.

Missing this deadline can permanently prevent you from pursuing your claim, so it is important to speak with an attorney as soon as possible.

Speak With a South Carolina Age Discrimination Lawyer

If you believe your employer made an employment decision because of your age, you may have legal rights under federal law.

Summerlin Law represents employees—not employers—in age discrimination and retaliation cases throughout South Carolina. Contact us today to discuss your situation and determine whether you have a potential claim.