Dawicke Law
Jason E. Dawicke, Attorney at Law
Dawicke Law
P.O. Box 663
Lewis Center, OH 43035

Age Discrimination

The Post-World War II Baby Boomer generation (now aged 45-66) currently comprises about 44% of the U.S. labor market, and many don't plan to leave the workforce anytime soon. In fact, recent surveys indicate that 79% of Boomers plan to work in some capacity during their retirement years. Although the Boomers have generally been characterized as hard-working and loyal employees, age discrimination has become one of the most prevalent forms of discrimination in recent years.

The Age Discrimination in Employment Act of 1967 (ADEA) and corresponding Ohio law protect employees 40 years or older against discrimination premised on ageist attitudes. Therefore, if you can demonstrate that your employer made decisions adversely affecting your employment based on your age rather than the merits of your work, you may have an age discrimination claim. In addition, the ADEA prohibits employers from harassing individuals because of their age.

Commonly, age claims involve an older worker being fired or passed over for a promotion in favor of a younger and less experienced employee. Unfortunately, some employers still believe that "you can't treat an old dog new tricks," and discriminate as a result.

In addition to the ADEA, the Older Worker Benefit Protection Act (OWBPA) provides additional protection for older workers. For instance, this Act requires that older workers be provided up to 21 days to consider any settlement offer and an additional 7 days to revoke the offer after signing.

If you feel that you have been subjected to some form of age discrimination, please complete and submit the following form fields:

All fields are required
Full Name:
Phone Number:
Email Address (if none, enter N/A):
Preferred Method of Contact:
Employer at Issue:
Age (as of date of incident/event):
Form of adverse action suffered
(i.e. fired, laid off, demoted, etc.):
Date(s) of adverse action:
Were you replaced or passed over for a job in favor of someone substantially younger than yourself?
Do you believe that the adverse action was primarily motivated by the amount of money that you earned?
Please provide a brief description as to why you feel age motivated your employer's decision:
What reason(s) do you anticipate that your employer will offer as justification for taking the adverse action against you?
Submission of this form does not establish an attorney-client relationship. Upon review of your responses, I may offer to represent you. Unless and until you receive a signed letter from me confirming representation, I have not agreed to represent you. In addition, submission of this form does not relieve you from complying with all applicable statutory deadlines required for filing your claim(s) with the appropriate agency or court.