Trial-Ready Age Discrimination Lawyers Advocating For Clients In Iowa And Nebraska
Employees in Iowa who are 18 years and older are protected from discrimination or harassment based on their age. Federal law and Nebraska law protect workers age 40 and older. Mandatory retirement ages used to be very common. Now, they’re mostly illegal. Whether for the money or simply for the satisfaction of working, many people now choose to work beyond the age of 65.
Employers and coworkers are not always appreciative of the experience and continued contributions of older workers. Although it’s certainly okay to hold senior employees to normal performance standards, critiques that sound like a list of stereotypes are a red flag.
In our youth-oriented culture, the normal aging process sometimes brings with it a loss of confidence. If your employer attacks your performance, don’t just assume they must be right and your skills are fading. Get an honest assessment from family members and coworkers you trust. It may be that the assessment is unfair, is based on stereotypes, or because your boss is intimidated by you. If you believe you’ve been the victim of illegal age discrimination, contact Fiedler Law Firm, P.L.C., to learn how our skilled attorneys can help.
Examples Of Age Discrimination
Here are some actions that would be considered illegal age discrimination:
- Your employer forces you to retire before you want to
- An employer hires a younger job applicant even though you are more qualified
- Your employer declines to promote you because it assumes you’ll be retiring soon
- Your boss repeatedly harasses you about when you plan to retire
- An Iowa employer refuses to hire you because they want someone “more mature”
Employers often take care to mask age discrimination as other practices that are legal and ethical. If you aren’t sure you have a case, contact our lawyers to discuss your legal options.
What Our Attorneys Have To Say About Common Age Discrimination Scenarios
Below, you’ll find stories similar to those shared by many of our firm’s previous clients, along with answers and commentary that our attorneys would provide in response.
Scenario one: “I’ve had a great career at my company, until a year ago when I got a new supervisor. She’s younger than my kids but treats me disrespectfully. After 18 years of great performance reviews, she now says I “need improvement.” She’s criticized me for failing to adapt to change and having poor computer skills, but can’t provide any specific examples. I feel like I’m being set up. Those kinds of criticisms sound like common stereotypes about older workers.”
Attorney response: Reach out to us about strategies to help save your job. Or, if you’d rather retire or move on to new challenges, we can work to negotiate a severance package that will compensate you for the discrimination.
Scenario two: “I work at a restaurant. My manager told a coworker that I was looking old and frumpy. She actually gave me her stylist’s business card and suggested I color my hair to get rid of the grey. I’m no longer scheduled for Friday and Saturday nights, when we earn the biggest tips. Most of the new people she’s hired have been in their 20s and she boasts about bringing in a “younger, livelier” crowd. What can I do to protect myself?”
Attorney response: We can help identify who the manager answers to – corporate office, regional manager, or maybe owner. Then we can prepare a written complaint about the apparent age discrimination and see if they make it right.
Scenario three: My employer fired me as part of a reduction in force (RIF). They kept the other two younger men in my department, even though I have objectively better performance and more experience. They said it was because my salary was higher due to my long tenure. Does this mean they’re off the hook?”
Attorney response: No, it doesn’t. Although there are some federal cases on this issue that are good for employers, Iowa appellate courts have said this looks like age discrimination, because longevity and age are often linked.
How Long Do You Have To File An Age Discrimination Claim?
In Iowa, you have just 300 days (from the date of the discriminatory incident) to file a complaint with the Iowa Civil Rights Commission. The same is true if you will be filing with the Equal Employment Opportunity Commission (EEOC). The 300 day statute of limitations also applies in Nebraska, where you’ll either file a complaint with the Nebraska Equal Opportunity Commission (NEOC) or the federal EEOC. It is important to act quickly to avoid missing these deadlines. Once the statute of limitations has lapsed, it may be nearly impossible to take further legal action.
Work With An Employment Law Firm That Is Trusted And Respected Throughout The Region
Fiedler Law Firm is a woman-owned practice that has earned a reputation for our advocacy on behalf of clients. Other firms may be hesitant to take your case to trial, but our lawyers are ready to do what it takes to seek justice and compensation on your behalf. We have offices in Johnston, Iowa, and Omaha, Nebraska, and we serve clients throughout both states. To schedule your initial consultation, call our Johnston, Iowa office at 515-303-8210 or our Omaha, Nebraska office at 402-281-3501. You can also reach out online.