know your rights
BOTH THE STATE AND FEDERAL LAWS PROHIBIT DISABILITY DISCRIMINATION IN EMPLOYMENT.
Both the Texas Labor Code and the federal Age Discrimination in Employment Act (“ADEA”) prohibit age discrimination against employees over the age of 40. These laws make it unlawful for an employer to consider an employee’s age when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment. In addition, these laws prohibit an employer from retaliating against an employee for making a good faith claim of age discrimination to the employer.
EMPLOYEE REMEDIES FOR AGE DISCRIMINATION
In a lawsuit for age discrimination, an employee may be able to recover:
- Lost wages and benefits to the time of trial
- Liquidated damages equal to the amount of lost wages
- Punitive Damages
- Attorney’s Fees
- Compensatory Damages
- Lost wages and benefits to the time of trial
- Liquidated damages equal to the amount of lost wages
- Punitive Damages
- Attorney’s Fees
- Compensatory Damages
As the remedies under the ADEA and the Texas Labor Code are different, only some, and not all, of these remedies will be available to an employee.
Prior to filing a lawsuit, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and/or Texas Workforce Commission (TWC) or Equal Employment Opportunity Commission (EEOC) and/or New Mexico Workforce Solutions-Human Rights Division (NMWFS-HRD). These agencies enforce the laws protecting employees from age discrimination in the workplace.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide information to the public and to raise awareness of Texas, New Mexico, and Federal employment laws for employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legar advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas, New Mexico, and Federal employees, as employment laws differ greatly from state to state.