How to Defend Yourself in an Age Discrimination Lawsuit
Determine whether administrative requirements were met., Analyze the court's jurisdiction., Check the date of the allegedly discriminatory incident., Consider mediation.
Step-by-Step Guide
-
Step 1: Determine whether administrative requirements were met.
Typically an employee must file a charge with a state or federal administrative agency before filing a lawsuit.In age discrimination cases, it isn't always necessary for the agency to complete an investigation.
However, the employee must receive written permission from either your state's agency or the Equal Employment Opportunity Commission (EEOC) to file a lawsuit.
If the employee does not have a right-to-sue letter from the appropriate agency, you typically can get the lawsuit dismissed.
Keep in mind that there are exceptions for age discrimination lawsuits.
Specifically, filing an age discrimination claim under certain federal laws doesn't require the employee to get a right-to-sue letter, and if the employee is filing a lawsuit under the Equal Pay Act, he or she doesn't have to file a charge with an administrative agency at all.
If a right-to-sue letter is required, the employee only has 90 days after receiving that letter to file his or her lawsuit.
Check with your attorney if you're unsure whether the employee meets the administrative requirements to file a lawsuit. -
Step 2: Analyze the court's jurisdiction.
If the court does not have jurisdiction over the subject matter of the lawsuit or personal jurisdiction over you or your company, you typically can have the lawsuit dismissed.If the lawsuit is filed in a court located in a different state than the state in which your business is located or incorporated, that court may not have personal jurisdiction over the case.Generally, if the employee is alleging you violated federal anti-discrimination law, he or she must file the lawsuit in federal court.Keep in mind that jurisdiction-related objections may get the lawsuit dismissed, but they won't always make it go away entirely.
Typically the employee can simply refile his or her lawsuit in a court that does have jurisdiction., If the incident happened a long time ago, you may be able to get the lawsuit dismissed because the applicable statute of limitations has expired.
Statutes of limitations give plaintiffs a limited period of time to file a lawsuit after an incident occurs.
These limitations also apply to filing administrative charges.
The EEOC only allows an employee to file a discrimination charge within 180 days of your employment decision.
Beyond that, if the employee receives a right-to-sue letter, he or she only has 90 days from the date on that letter to file a lawsuit., Using a third-party mediator to facilitate a settlement is a non-adversarial and confidential way to resolve an age discrimination lawsuit.
The EEOC has a mediation program that may be available for you to use to resolve the dispute.
Use of the program is voluntary and free of charge to all participants.If you come to a settlement through mediation, it generally is not considered an admission on your part that you discriminated against any employees or violated any state or federal laws.
Because the proceedings and the outcome are confidential, using mediation can keep workplace gossip about the lawsuit to a minimum. -
Step 3: Check the date of the allegedly discriminatory incident.
-
Step 4: Consider mediation.
Detailed Guide
Typically an employee must file a charge with a state or federal administrative agency before filing a lawsuit.In age discrimination cases, it isn't always necessary for the agency to complete an investigation.
However, the employee must receive written permission from either your state's agency or the Equal Employment Opportunity Commission (EEOC) to file a lawsuit.
If the employee does not have a right-to-sue letter from the appropriate agency, you typically can get the lawsuit dismissed.
Keep in mind that there are exceptions for age discrimination lawsuits.
Specifically, filing an age discrimination claim under certain federal laws doesn't require the employee to get a right-to-sue letter, and if the employee is filing a lawsuit under the Equal Pay Act, he or she doesn't have to file a charge with an administrative agency at all.
If a right-to-sue letter is required, the employee only has 90 days after receiving that letter to file his or her lawsuit.
Check with your attorney if you're unsure whether the employee meets the administrative requirements to file a lawsuit.
If the court does not have jurisdiction over the subject matter of the lawsuit or personal jurisdiction over you or your company, you typically can have the lawsuit dismissed.If the lawsuit is filed in a court located in a different state than the state in which your business is located or incorporated, that court may not have personal jurisdiction over the case.Generally, if the employee is alleging you violated federal anti-discrimination law, he or she must file the lawsuit in federal court.Keep in mind that jurisdiction-related objections may get the lawsuit dismissed, but they won't always make it go away entirely.
Typically the employee can simply refile his or her lawsuit in a court that does have jurisdiction., If the incident happened a long time ago, you may be able to get the lawsuit dismissed because the applicable statute of limitations has expired.
Statutes of limitations give plaintiffs a limited period of time to file a lawsuit after an incident occurs.
These limitations also apply to filing administrative charges.
The EEOC only allows an employee to file a discrimination charge within 180 days of your employment decision.
Beyond that, if the employee receives a right-to-sue letter, he or she only has 90 days from the date on that letter to file a lawsuit., Using a third-party mediator to facilitate a settlement is a non-adversarial and confidential way to resolve an age discrimination lawsuit.
The EEOC has a mediation program that may be available for you to use to resolve the dispute.
Use of the program is voluntary and free of charge to all participants.If you come to a settlement through mediation, it generally is not considered an admission on your part that you discriminated against any employees or violated any state or federal laws.
Because the proceedings and the outcome are confidential, using mediation can keep workplace gossip about the lawsuit to a minimum.
About the Author
Joshua Kim
Writer and educator with a focus on practical cooking knowledge.
Rate This Guide
How helpful was this guide? Click to rate: