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Age Discrimination Attorney in Honolulu, Hawaii Resolves Legal Conflicts

Providing protection for individuals and businesses in civil rights disputes

Under the federal Age Discrimination in Employment Act of 1967 (ADEA), employees over the age of 40 are protected from adverse employment decisions made on the basis of their age. Yet, even though the law itself is almost 50 years old, the Equal Employment Opportunity Commission still receives more than 20,000 age discrimination complaints a year, totaling 90 to 100 million dollars in benefits, not counting benefits wronged employees obtain through litigation. At Thater Law Group, P.C., attorney M. Lani Esteban-Trinidad represents aggrieved employees and accused businesses in disputes over age discrimination. This dual perspective allows the firm to devise strategies for creatively resolving disputes in a manner that upholds our clients’ rights.

Who is protected from age discrimination in Honolulu?

Companies with 20 or more employees must comply with the ADEA. If you work for such a company or you apply to work at such a company and you are at least 40 years of age, you are protected from discriminatory treatment that might include:

  • Failure to hire, promote, or grant a pay raise
  • Demeaning talk or treatment that is unwanted, hostile and pervasive
  • Reassignment to work beneath your employment status
  • Termination

Employees who quit because of age discrimination may still be able to file a wrongful termination claim under a theory of constructive termination if a jury decides a reasonable person would not have tolerated the treatment the employee was subjected to.

How workers in Hawaii might prove age discrimination

Workers age 40 and over are not immune from career disappointment, workplace discipline, or loss of their at-will employment. If an employer makes a decision based on lawful criteria, workers cannot file claims simply because the decision affects them negatively. An employee must have the ability to perform the job and present evidence the employer made a negative decision because of the worker’s age. Courts look for evidence that the company treats workers under age 40 differently than workers over age 40. If such evidence exists, the burden shifts to the employer to show a lawful basis for the adverse treatment.

Contact a dedicated Hawaii employment lawyer for age discrimination claims

Thater Law Group, P.C. represents businesses and employees in cases alleging age discrimination. For determined representation and creative legal solutions, call us at 855-210-1701 or contact us online. Our office is located in Honolulu, and we represent clients throughout Hawaii.

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