Addressing Age Discrimination in the Missouri Workplace

How is Age Discrimination Handled in Missouri Workplaces?

Age usually equals experience in the workplace, and older workers bring a specialized set of knowledge and skills to their jobs that many employers value. Unfortunately, age discrimination is still an issue that some older employees must grapple with. Missouri takes this form of discrimination seriously and has laws and procedures in place to address the unfair treatment of workers over the age of 40. A skilled age discrimination attorney can explain your rights and help you determine your next steps if your employer has engaged in illegal actions. 

Which State and Federal Laws Protect Missouri Workers From Age Discrimination?

The Missouri Human Rights Act (MHRA) prohibits age discrimination in employment against individuals 40 or older but less than 70 years old. The MHRA applies to employers with six or more employees, including employment agencies, state and local governments, temporary staffing services, and labor organizations. Under this law, it is illegal to discriminate against a person because of their age in any aspect of employment, including:

• Hiring
• Promotions and advancement opportunities
• Firing and layoffs
• Compensation and bonuses
• Benefits
• Job assignments
• Training

In addition to the MHRA, Missouri workers are also protected by the federal Age Discrimination in Employment Act (ADEA). The ADEA is similar to the MHRA but has no upper age limit for protection. It applies to employees who are 40 years old or older and work for companies with 20 or more employees. This federal law provides an additional layer of protection for older workers in Missouri who may face age discrimination.

What Are Your Rights as an Employee?

Missouri workers have the right to be free from age-based discrimination in all areas of their employment and workplace. Individuals are legally protected from being refused employment, denied promotions or raises, or receiving unequal pay based solely on age. Employers are prohibited from limiting, segregating, or classifying employees by how old they are. Additionally, the law protects workers from harassing or offensive remarks about their age from management and coworkers.

However, it’s vital to remember that while the law prohibits discrimination due to age, employers still have the right to make employment decisions based on various other factors. For instance, an employer may legally terminate an older employee if they cannot perform the necessary duties of their job, such as standing for long periods or repetitively lifting heavy objects. The key is that the decision must be based on job performance or qualifications, not age. Considering if the employer would let a younger employee go for the same reason can be a litmus test for determining whether the termination is valid or discriminatory.

What Can You Do if You’ve Experienced Age Discrimination in the Workplace?

If you believe you have been subjected to age discrimination, you have the right to file a complaint with the Missouri Commission on Human Rights (MCHR) within 180 days of the alleged discrimination. Taking prompt action is vital because failing to file within this timeframe could result in losing the right to pursue legal action. After a complaint is filed, the MCHR will investigate the allegations to determine their merit. If the investigation finds evidence of discrimination, the commission may attempt to resolve the issue through mediation or other means. If these efforts are unsuccessful, the complainant may be issued a “right-to-sue” letter, which allows them to file a lawsuit in state court.

If you received a severance package as part of a termination, it’s important to note that it may contain language that states that by signing the agreement, you are waiving your right to take legal action against your employer. You generally have at least three weeks to review your severance package. If you suspect your firing may have been age-related, it is critical to consult with a trusted discrimination lawyer prior to signing the severance agreement. Even if you have already signed your agreement, you may still have legal options since a seven-day revocation period is granted to employees aged 40-70. However, you must act quickly to protect your right to seek compensation for discriminatory practices.

What Remedies Can Be Sought in an Age-Discrimination Complaint or Lawsuit?

The specific remedies available to you will depend on the details of your case, the severity and extent of the discrimination, and the laws under which the complaint is filed. It’s important to note that there may be caps on certain types of damages. It’s advisable to consult with an experienced employment law attorney who can provide information on which of the following outcomes could be possible in your case:

• Reinstatement: You could be restored to your former position or a comparable one
• Economic damages: Back pay can include wages, benefits, and other compensation you would have earned if not for the discriminatory action, along with interest on these amounts. Front pay can compensate for future lost earnings, especially if reinstatement is not feasible or appropriate
• Compensatory or non-economic damages: These cover emotional distress, pain and suffering, and other non-economic losses resulting from the discrimination
• Punitive damages: In cases of willful discrimination, additional damages may be awarded to punish the employer for their harmful actions
• Attorney’s fees and legal costs: Your employer may be required to pay your legal expenses
• Injunctive relief: The court may order the employer to change policies or practices, such as anti-discrimination training, to prevent future infractions
• Removal of negative information: The court may order the removal of discriminatory or retaliatory information from the employee’s personnel file

How Can Our Firm Help You?

It can be infuriating and heartbreaking if you experience negative treatment and outcomes in the workplace due to your age.

Unfortunately, pursuing an age discrimination case against your employer can be challenging. Employers utilize various defenses to fight back against claims that they acted illegally. They may argue that the employment decision was based on factors other than age, such as job performance, qualifications, or business necessity. It’s crucial to collect and preserve evidence of the alleged discrimination to give credence to your claims.

At Riggan Law Firm, our lawyers have extensive experience advocating for the rights of employees and helping them seek justice for discriminatory practices. We can evaluate your case, determine the best course of action, and represent your interests in mediation or court. Contact our office today at 314-528-9661 to request a consultation and learn how we can support you.