How to File an Age Discrimination Lawsuit

Step-by-Step Guide

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   Step 1: Learn about state and federal age discrimination law.

   If you are over 40, state or federal law may prohibit your employer from discriminating against you based on your age.
   
   The key federal law that protects you against age discrimination is the Age Discrimination in Employment Act.
   
   The ADEA prohibits employers from favoring younger workers over older workers at every phase of the employment process, including when hiring or recruiting.For example, an employer cannot mention age in advertisements or recruiting posters for a new position.
   
   Additionally, the Older Workers Benefit Protection Act prohibits employers from discriminating against employees on the basis of age when providing benefits such as insurance or pensions.In addition to the federal law, 44 states and the District of Columbia have laws that extend protection against age discrimination to employees not covered by the federal law.
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   Step 2: Determine whether your are eligible for protection under these laws.

   To file a lawsuit under state or federal law, your employer must have a minimal number of employees.
   
   The ADEA applies to private employers that have 20 or more employees, as well as federal and local governments.,, You can answer a few questions on the EEOC website to determine if you are eligible to file a federal charge.
   
   You must file a charge with the EEOC first to preserve your rights to file a private lawsuit against your employer.Since you generally must file your claim within 180 days of the day the discrimination took place, you should take steps to file an EEOC claim as soon as possible., You can fill out an intake questionnaire if you're eligible for protection under federal law.
   
   The EEOC provides a questionnaire online that you can print and either bring in personally or mail to the EEOC office nearest you.
   
   Your intake questionnaire is the basis of your charge and includes your name, address, and telephone number as well as the name, address, and telephone number of your employer along with a short description of the events you believe were discriminatory.
   
   You must sign your charge before you file it or the EEOC will not be able to investigate it., You can file your EEOC charge in person or through the mail.
   
   If your state has a Fair Employment Practice Agency that enforces state anti-discrimination laws, the EEOC will file with the state agency for you.
   
   You cannot file a charge over the phone, but you can start the process by calling the EEOC's toll free number at 1-800-669-4000.If your state does not have a FEPA but does have a law prohibiting against discrimination based on age, you must determine the procedure you'd need to follow for proceeding under the state law., Answer questions and provide any documents or other information the EEOC agent requests.
   
   If the EEOC requires more information, it will contact you or send you a follow-up questionnaire.The EEOC will send a notice and copy of the charge to your employer within 10 days of receiving it from you.
   
   Then the EEOC will either ask you and your employer to attend mediation and attempt to resolve your charge, or it will ask your employer for an answer and begin an investigation of the charge.If the EEOC doesn't find a violation, it will send you a notice of your right to sue.
   
   You can file a lawsuit against your employer in federal court if you wish.If the EEOC does find a violation, it will forward your charge to its legal department.
   
   If the EEOC is unable to settle, and its legal staff decline to file a lawsuit on your behalf, you will receive a notice of your right to sue.
   
   You can file a lawsuit against your employer in federal court.With an age discrimination claim, you don't have to wait for a right-to-sue notice to file your lawsuit.
   
   You can file as soon as 60 days after you've filed your charge with the EEOC.
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   Step 3: State age discrimination laws typically apply to private employers with fewer than 20 employees.In 14 states

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   Step 4: including Michigan

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   Step 5: New Jersey

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   Step 6: and Oregon

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   Step 7: the law applies to all employers regardless of the number of employees.

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   Step 8: Use the online assessment tool at the Equal Employment Opportunity Commission's website.

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   Step 9: Complete the EEOC intake questionnaire.

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    Step 10: File your charge.

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    Step 11: Cooperate with the investigation.

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