It can be hard for a Colorado worker over 40 to realize that their employer has discriminated against them because of their age.
Because age discrimination is illegal both under Colorado and federal law, few employers would fire or take other action against a work and outright say it was because of their age. Of course, there are exceptions.
However, many employers in the Denver area still quietly believe that younger workers are a better value over the older counterparts. Wrongly believing this, they may try to disguise what really is age discrimination as seemingly legitimate actions:
- Laying off workers or eliminating positions for economic reasons, but the cuts disproportionately eliminate older employees.
- Passing over older workers for continuing education, training or wellness programs.
- Choosing a younger candidate for a job or promotion simply because the employer wants fresher ideas.
- Tolerating an environment where colleagues and supervisors tease or make comments about age. While some might minimize this behavior as harmless or just part of any workplace, employers have an obligation to take steps to prevent this type of harassment.
What compensation can a worker receive for age discrimination?
In most cases, the victim of age discrimination can recover their economic damages, which would include lost wages. They may also recover their attorney fees.
If they lost their job because of discrimination, they may also get a court order to force their employer to reinstate them. In some more flagrant cases of discrimination, the employee may get double their actual damages.
If a worker over 40 believes that they have faced discriminatory treatment at work, they need to understand their legal options and obligations. For example, in some situations, the worker may need first to address the problem directly with their employer.
Should they pursue their legal case, victims will want to formulate a strategy for telling their story to get the compensation they deserve.