In South Carolina and throughout the United States, age discrimination is when an applicant or employee is treated with less favor because of their age. The Age Discrimination in Employment Act, (ADEA) forbids discriminating against anyone who is aged 40 and above. It doesn’t protect anyone under the age of 40.
South Carolina Age Discrimination at Your Place of Work
Om general, companies today are working hard to be younger. However, accomplishing this at the expense of an older worker is illegal. Additionally, if two workers are both over the age of 40, your employer can’t discriminate against the person who is older than the other. For example, it would be illegal to discriminate against a 60- year old person to the benefit of someone who is only 50 years old.
In South Carolina, it’s not unusual for a company to have a pattern or be prone to age discrimination. Many times, companies disguise this practice by claiming to be going through at ‘reorganization’ and keep its young employees or replace older workers with younger ones who have a different job title but perform the same tasks as the older worker.
South Carolina Age Discrimination and Harassment
In South Carolina, it is also illegal to harass anyone because of their age. While the law doesn’t make it illegal to tease, make offhand comments, or non-serious isolated incidents, it is unlawful when this behavior is so frequent that it causes a hostile or offensive work environment. Additionally, if this type of behavior gets so out of control that it ends in an adverse employment decision, such as the victim of the harassment being fired or demoted, that is illegal.
South Carolina Age Discrimination & Employment Policies and Practices
Your employer’s employment policy or practice applies to everyone, regardless of their age, and can be deemed illegal if it hurts employees or applicants over the age of 40, and it’s not based on any other factor other than age.
Filing A Claim for Age Discrimination in South Carolina
If you believe you have a claim for age discrimination in South Carolina, you must file your claim within 180 days from the date the age discrimination occurred with the Equal Employment Opportunity Commission (EEOC).
Often, the EEOC makes your case worse rather than assisting you. Before you file your claim, you should contact the Greenville, South Carolina age discrimination attorneys at Briggs Law Firm. They can best advise you on how to proceed and ensure your claim is filed and handled correctly.
South Carolina’s Human Affairs Law does provide protection closer to the federal law which says that the defendant must pay your attorney fees should you win your case. Moreover, South Carolina’s Human Affairs Law also provides you, as an employee, a more extended period to file your discrimination claim – up to 300 days.
The Equal Employment Opportunity Commission has a local office right here in Greenville. It is:
301 North Main Street
Greenville, South Carolina 29601
If the EEOC decides not to file a lawsuit, then they will provide you with a Notice of Right to Sue. This notice gives you the right to file a lawsuit in a South Carolina court.
If you and your South Carolina age discrimination lawyer can successfully resolve your claim at the EEOC level, you may not have to file a lawsuit to resolve your case. Keep in mind that you may have to sign an agreement at the EEOC level that releases any more legal claims.
Call the Briggs Law Firm Today
If you believe you are a victim of age discrimination in South Carolina, contact the Greenville, South Carolina employment attorneys at The Briggs Law Firm. They have the knowledge and experience to guide you through the often complex age discrimination system.