Workplace standards have changed significantly since the “Mad Men” days of the 1960s and ‘70s when sexual harassment was acceptable behavior. Over the past several decades, policies and laws have been enacted to protect employees.

The #MeToo movement, which put a spotlight on inappropriate workplace behavior in Hollywood and the media, revealed that people in positions across many industries were still getting away with misconduct and even criminal actions.

In the wake of #MeToo, several states have enacted regulations requiring sexual harassment training. The result, according to Bloomberg: 20 percent of U.S. workers must undergo sexual harassment training. Two years ago, a mere 1 percent of workers were required to undergo such training.

Sexual harassment training mandated in several states

Bloomberg reports the following states to require sexual harassment training:

• California
• Connecticut
• Delaware
• Illinois
• New York
• Washington

Some states, including Maine, had regulations in place for the past several years. What’s more, states have passed laws that limit strategies that might discourage sexual harassment claims – for example, forced arbitration and non-disclosure agreements. However, no such requirement exists in the state of Ohio.

While these are positive changes for employees, there is still much work to be done to protect people from harassment in the workplace. As Bloomberg notes, most companies offer sexual harassment training, but a study found that these internal policies exist mainly to protect the employer from lawsuits and workplace harassment claims. The training does not necessarily result in the elimination of inappropriate behavior.

What is sexual harassment at work?

Here are examples of behavior that rises to the level of harassment:

• Someone makes sexually suggestive comments to you.
• You’re pressured by someone at work to engage in unwanted sexual activity.
• You receive sexually explicit photographs or pornographic videos from someone at work.

Unfortunately, an Equal Opportunity Commission task force in 2015 concluded that “much of the training done over the past 30 years has not worked as a prevention tool.”

The #MeToo movement, however, is sparking changes that can make a meaningful difference in the workplace. Workplace training is shifting from merely teaching workers the definition of harassment and how to identify it to “harassment is wrong, we don’t tolerate it, here’s what to expect,” according to Bloomberg.

Society has made strides since the 1960s when a woman might lose her job without consequence for rebuffing a sexual advance by a supervisor. In 1986, a Supreme Court ruling made workplace sexual harassment illegal.

Despite these legal protections, 75 percent of harassment incidents go unreported, according to Bloomberg, citing U.S. government data. A survey of workers in 2019 concluded that more than one-third of employees believe their workplace turns a blind eye to sexual harassment.

When you need to hire an attorney

Your employer may have sexual harassment training and policies in place, but sometimes that doesn’t stop inappropriate behavior. The person who harassed you might deny any wrongdoing. The company might stand by the accused.

Nilges Draher LLC can help you fight back. Contact an experienced workplace sexual harassment attorney in Ohio today for a free consultation.

Posted in Posts | No Comments »

Sadly, many women don’t yet understand the basics of workplace self-care. As a result, the effects of harassment, discrimination, and retaliation can make for an unpleasant work experience. In many cases, this can be emotionally, mentally, and even physically devastating. Some employees put up with this type of behavior in order to keep their jobs.

Workplace self-care is just as essential as physical and emotional self-care outside of work: getting adequate sleep, exercising, eating healthy, and staying hydrated. In the workplace, self-care starts with knowing your rights. Simply knowing your rights can help you deal with difficult situations on the job. If your human resources department acts properly and promptly, situations involving harassment, discrimination, and retaliation can be resolved.

In many cases, however, human resources isn’t quick to act. Through an investigation, they may not find enough evidence to take disciplinary action. Furthermore, perpetrators of harassment, discrimination, and retaliation may go to great lengths to deny any wrongdoing. Your best course of action, in this case, is to consult with an experienced Ohio employment attorney who can launch an investigation and leave no stone unturned in the process.

What are your rights in the workplace?

The law prohibits discrimination of employees under a protected classification. That means you have the right not to be harassed or discriminated against. For example, the law prohibits employers from paying women less than men for performing the same work and having the same level of experience.

Additionally, harassment, discrimination, and retaliation may be illegal if they create a toxic work environment that many employees find intimidating, hostile or offensive. On the other hand, if incidents are generally mild and isolated, resulting in nothing more than occasional annoyances, it doesn’t constitute illegality.

Behaviors that may be illegal in the workplace often include:

• Offensive jokes
• Racial slurs, insults, name-calling, ridicule
• Physical assault or threats of assault
• Intimidation
• Harassment by using objects or pictures
• Interference with an employee’s work performance

You are also protected from retaliation. For example, if you experienced sexual harassment on the job and reported it, your employer, supervisor, or other employees can’t retaliate against you. When it’s committed by supervisors or higher-ups in a company, retaliation often includes:

• Terminating employment
• Demoting an employee
• Creating a hostile or uncomfortable work environment for an employee

How you can take legal action

Everyone should be able to attend work without fear, intimidation, or being subject to uncomfortable situations. Should you find yourself in this situation (or if you already have), here are some actions you can take:

• Write down everything that happened: Include a detailed description of the incident, the date it happened, the location(s), and witnesses who were present.
• Take note of all incidents going forward: Take note of all incidents going forward. This can be done using notes on your cellphone or a note-taking app such as Incident Genie.
• Report the incidents: Bring the harassment, discrimination, or retaliation to the attention of human resources. If an incident crosses the line of legality, consider reporting it to law enforcement.
• Seek medical or psychological support: By doing so, you may provide a note from your doctor or psychologist to take time off from work.
• Take note of how the misconduct impacts you: Write down any feelings that arise as a result of workplace misconduct. This can include fear, intimidation, anxiety, depression, sleep disturbances, panic attacks, nausea, appetite loss, or other ailments that may arise.
• Consult with an employment lawyer: If you have experienced harassment, discrimination, and/or retaliation in the workplace, you may be eligible to take action through a legal claim.

Nilges Draher LLC serves clients in greater Cleveland, Massillon, and Columbus, Ohio. We’ll fight to hold accountable those who perpetrate workplace misconduct and those who allow it to happen. To find out how we can help you, contact us online and schedule your free consultation.

Posted in Posts | No Comments »

NBC Universal recently announced that it will release former employees from a nondisclosure agreement that required them to remain silent about their experiences working for the company, according to Vox. Unfortunately, this legal agreement also applied to sexual harassment.

The decision to do so only comes after the company was scrutinized for its approach to handling sexual harassment and misconduct allegations against Today show host Matt Lauer.

In a statement aired on MSNBC’s The Rachel Maddow Show, an NBC spokesperson said:

“Any former NBC News employee who believes they cannot disclose their experience with sexual harassment as a result of a confidentiality or nondisparagement provision in their separation agreement should contact NBCUniversal and we will release them from that perceived obligation.”

The woman who filed the complaint against Lauer revealed shocking details of the incident in a book recently released by journalist Ronan Farrow entitled Catch and Kill. In the book, the woman reveals for the first time that she was raped in a hotel room by Lauer while covering the 2014 Winter Olympics in Sochi, Russia. Following the allegations, Lauer was fired from NBC in 2017.

NBC still not doing enough

MSNBC host Rachel Maddow recently announced NBC’s decision to release women from their nondisclosure agreements.

“Accusations that people in positions of authority in this building may have been complicit in some way in shielding those guys from accountability, those accusations are very, very hard to stomach,” Maddow said on her show.

In order for women to disclose details regarding sexual harassment and misconduct, however, they must first obtain approval from the company’s legal department. Tina Tchen, the incoming president and CEO of the Time’s Up Organization sees this as a major barrier.

“There is no reason to place the burden on those who choose to speak to reveal themselves in advance to NBCUniversal. This is an example of the burdens that perpetuate fear and silence, no matter what new policies and trainings may say,” Tchen wrote in a statement.

Furthermore, NBC reportedly rejected calls to consult an outside law firm to launch an investigation into its handling of the Lauer and Weinstein scandals.

Critics of the NBC’s decision assert that the company isn’t doing enough to ensure that victims are heard. In a statement to Variety magazine, former NBC News anchor Linda Vester, who previously accused Tom Brokaw of sexual harassment, said, “NBCUniversal’s statement is not enough. The company should not make any former employee, specifically women, go begging on their hands and knees back to NBC to be released from an NDA. Women have already been through hell with this company.”

What are nondisclosure agreements?

The purpose of nondisclosure agreements is to protect trade secrets and other confidential information in many businesses and tech companies. They are designed to prevent former employees from sharing a company’s secrets with another company or entity. In order to ensure that employees will comply with a nondisclosure agreement, employees are often required to sign a contract.

While protecting a company’s secrets is crucial, nondisclosure agreements should never, under any circumstance, apply to incidents involving sexual harassment, sexual misconduct, or rape. The attorneys at Cleveland law firm Nilges Draher LLC applaud NBC’s decision to release victims from nondisclosure agreements. There is no reason why victims should require the approval of a company’s legal department in order to speak out or take action, however.

If you have experienced any kind of sexual harassment or misconduct on the job, we urge you to consult with an experienced attorney who can help you fight back. To schedule your free consultation, contact us online today.

Posted in Posts | No Comments »

The average lifespan has significantly increased, and, as a result, many Americans and residents of greater Cleveland are working longer.

According to recent research by the Census Bureau and Bureau of Labor Statistics (BLS), the number of people over the age of 65 in the workplace has doubled from 10 percent in 1985.

Why older employees are working longer

Older Americans are recognizing the benefits of working longer. According to Investopedia, workers may retire and collect Social Security at age 62, but the benefits may be reduced by as much as 30 percent. Those who delay retirement may take further advantage of:

• Greater Social Security benefits
• More years contributing to your 401(k)
• Fewer years taking money from 401(k)

Unemployment is more prevalent among older people

Financial investment website The Motley Fool features an interview between Motley Fool Answers co-hosts Alison Southwick and Robert Brokamp and AARP vice president of financial resilience programming Susan Weinstock. In the interview, Weinstock explains how many employers are getting away with age discrimination and how it’s devastating to older workers.

“If you lose your job, it will take you double the time to find a new job [than] a younger worker,” says Weinstock. “It’s also disturbing because if you think about the workforce, there are more jobs available now than there are people in this country to fill them.”

Worker protections in place

Workers are protected by the Age Discrimination in Employment Act (ADEA) when they turn 40. Unfortunately, proving age discrimination beyond that is more challenging than many other forms of workplace discrimination, thanks to a 2009 Supreme Court ruling in the case of 54-year-old Jack Gross. In 1971, Gross began working for FBL Financial Services, Inc. and had risen to management level by 2001. However, in 2001, every employee over the age of 50 (including Gross) was demoted.

Gross then filed a lawsuit in federal district court under the Age Discrimination in Employment Act of 1967. After winning his case, the Court of Appeals for the Eighth Circuit reversed the decision. Gross then went to the Supreme Court. In 2009, a 5-4 Supreme Court ruling against Gross overturned the Age Discrimination in Employment Act of 1967, thus, making it more difficult for older workers to prove discrimination.

Tthe Supreme Court’s decision may be remedied through a new bill called the Protecting Older Workers Against Discrimination Act (H.R. 1230). This bill is designed to prioritize the legal protections of older people who face discrimination or retaliation in the workplace. H.R. 1230 was introduced to the House in February 2019, but as of yet no further actions have been taken on the bill.

Why hire an attorney?

Older employees, especially those with a wealth of knowledge and experience, have a lot to offer the companies they work for. When age discrimination occurs in the workplace, it can be difficult to prove because employers can provide a different reason for firing or demoting someone.

The attorneys at Nilges Draher LLC have seen it many times. We have the experience and legal knowledge to take on these complex cases. Contact our Cleveland law office today to find out how we can help you.

Posted in Posts | No Comments »

When the U.S. women’s national soccer team recently won the World Cup for the fourth time, a cheer rang out in the audience in the stadium in Lyon, France – “Equal Pay. Equal Pay.” That’s because despite their dominance on the field, the women’s national team receives only a fraction of the amount paid to the men’s national soccer team, which failed to qualify for last year’s men’s World Cup tournament.

But the fight’s not over. The U.S. women’s national soccer team continues to pursue its class action lawsuit against the United States Soccer Federation, which employs both national soccer teams. According to an article published by The New York Times, the women’s team filed a gender discrimination lawsuit on March 8 in U.S. District Court in Los Angeles against the U.S. Soccer Federation.

Discriminatory practices and unequal pay

By winning the World Cup earlier this month, players on the U.S. women’s national team will receive $200,000 each, according to an article published by CNBC. In contrast, if the men’s national soccer team had won the World Cup last year, each team member would have received $1.1 million apiece. Meanwhile, television ratings in the United States for the Women’s World Cup Final on July 7, 2019 were 22 percent higher than the ratings for last year’s Men’s World Cup Final, according to NBC News.

In addition, the amount paid to players on the men’s team is historically more than double the amount paid to players on the women’s team, according to the lawsuit filed March 8. Between March 19, 2013 and Dec. 31, 2016, members of the women’s national team earned a maximum of $4,950 per game for “friendly” (non-competitive) matches. In contrast, members of the men’s national team earned $13,166 per game for friendly matches. During the same time period, women’s players made $15,000 for making the team roster, compared to $55,000 for making the men’s team roster.

Meanwhile, the women’s team brings in more money for the U.S. Soccer Federation than the men’s team. Between 2016 and 2018, revenue generated from matches played by both teams totaled $50.8 million for the women’s team versus $49.9 million for the men’s team, according to an article published by the Detroit Free Press. In addition, the current U.S. women’s home jersey is the top-selling soccer jersey, men’s or women’s, ever sold in a single season by Nike, according to ESPN.com.

Taking a stand against wage inequality

“I think we’re done with: Are we worth it? Should we have equal pay? Is the market the same? Yada yada,” American midfielder and U.S. women’s team captain Megan Rapinoe said in an interview with The New York Times after the team won the World Cup on July 7, 2019. “We — all players, every player at this World Cup — put on the most incredible show that you could ever ask for. We can’t do anything more, to impress more, to be better ambassadors, to take on more, to play better, to do anything. It’s time to move that conversation forward to the next step.”

If you have experienced gender discrimination in the workplace, you deserve better. Talk to an experienced Ohio employment law attorney at Nilges Draher LLC. We can fight for your right to be treated fairly in the workplace. Contact our Ohio law firm today to learn more about your rights.

Posted in Posts | No Comments »

In 2019, diversity is being touted everywhere, including in many workplaces. So why is it that many employers embrace some areas of diversity while ignoring others?

Ageism is often omitted as a form of bias, especially gender ageism. According to research from AARP, roughly two out of three workers over the age of 45 across the US have either experienced or witnessed age discrimination. More than half say discrimination starts among workers ages 50 and older.

CNBC reports that one of the fastest growing age groups in the US workforce is workers ages 65 and older. This is primarily due to stagnant wage growth, obsolete pensions, delayed Social Security benefits, and longer lifespans.

How women are impacted by ageism

Gender bias is already a common problem in the workplace – with women earning less than men working in the same professions, and even being pushed out of male-dominated workplaces. Older women get the brunt of age and gender discrimination, however.

According to research from the Equal Employment Opportunity Commission (EEOC), women over 50 are likely to experience discrimination earlier than their male coworkers. Society’s importance and expectations of beauty among women is believed to be the primary cause of discrimination – rendering women “less valuable” in the workplace.

Sadly, this type of discrimination is often overlooked, and rather, the norm. Many older women are pushed out of jobs they’ve worked at for years. Employers often sugarcoat this as downsizing or consolidation. Some older women are even denied employment or passed up for promotions.

Why companies can benefit from promoting inclusion

No matter what age or gender someone is, employees and professionals dedicated to their jobs or careers shouldn’t have to face discrimination. Companies should place more emphasis on what employees bring to the table rather than their age or gender. This can only be accomplished by developing a program that promotes inclusion and covers all facets of diversity.

Older women tend to have a wealth of knowledge and experience that companies can benefit from – much of which hasn’t been developed or adopted by their younger counterparts.

According to Forbes, roughly 56 percent of companies with more than $10 billion in annual revenues agree that innovation can be driven by diversity.

“We have a vast amount of diversity [within the company] that comes into work every day to build technology that plays out around the world. You can’t be successful on a global stage without it,” said Rosalind Hudnell, director of global diversity and inclusion at Intel.

If you believe that you have experienced discrimination in the workplace due to your age or gender, speak to an experienced Cleveland employment attorney at Nilges Draher LLC. We represent workers who have experienced all types of workplace discrimination and have a proven track record of holding employers accountable.

Contact us today to learn how we can help you.

Posted in Posts | No Comments »

Get hired, sign a contract, and say goodbye to your rights. Mandatory arbitration in employment that resolves disputes favors companies over employees or customers.

That’s because the company usually chooses the arbitrator, and the arbitrator tends to side with the company. The process also requires employees and customers to waive rights to seek justice in court, according to the National Association of Consumer Advocates.

How arbitration works

Arbitration is seen as a means of deciding disputes by avoiding a court battle. Two parties present their arguments to an arbitrator or a panel of arbitrators. The arbitrator weighs the arguments and issues a determination that stands as the resolution of the dispute.

Arbitration may be voluntary or mandatory. The problem for workers and customers is that mandatory arbitration is becoming the rule in various kinds of agreements and contracts.

These include such pacts used for employment, insurance, home-building, car loans and leases, credit cards, retirement and investment accounts and nursing facilities.

Language about mandatory arbitration generally is hard to spot in contract paperwork. Many people never notice the arbitration clause in the terms of contracts or agreements.

The language of mandatory arbitration in employment locks the worker into only one option for resolving all disputes or problems. Contracts typically identify the arbitration company that must be used, and it’s the one that the company prefers.

How mandatory arbitration hurts workers

Companies want workers and customers to surrender their rights to go to court because they have the advantages in arbitration. Mandatory arbitration in employment lets companies evade accountability: In “forced arbitration,” as the process also is known, the arbitrator’s decision is binding, and the results are not public.

To address the problems prompted by mandatory arbitration in employment, specialists urge that workers and customers read contracts in detail. Try to negotiate the clause into voluntary, instead of mandatory, arbitration.

Ultimately, legislation would need to be established to ban mandatory arbitration in order to protect workers’ legal rights and consumers’ rights when buying products.

Other ways that mandatory arbitration in employment hurts workers include the following:

• Arbitrators aren’t bound by law and legal precedent in making decisions.
• There’s no appeal or public review of decisions.
• In agreeing to mandatory arbitration in employment, workers surrender the rights to sue in cases of discrimination, harassment, abuse and wrongful termination, rendering laws like the Civil Rights Act and the Equal Pay Act meaningless.
• Consumers lose their right to hold companies accountable because agreeing to mandatory arbitration means they cannot sue for negligence, defective products or scams.

Mandatory arbitration in employment favors companies, who win more frequently than workers or customers, especially if companies use the same arbitrators repeatedly, according to an analysis in The Washington Post.

Employees also receive less money in terms of damages in arbitration than in litigation. Also, workers usually must pay their way to attend arbitration hearings, sometimes traveling thousands of miles, a cost more easily absorbed by a company.

There is hope. In the face of public criticism, prominent companies like Google and Facebook have discontinued mandatory arbitration requirements for sexual harassment claims, according to The Washington Post analysis.

Contact Nilges Draher LLC employment law attorneys today for help in cases of mandatory arbitration in employment.

Posted in Posts | No Comments »

Democratic lawmakers have introduced legislation that could strengthen protections against workplace harassment.

The “Be Heard Act” – also known as the “Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act” – was introduced by Sen. Patty Murray and Reps. Katherine Clark, Ayanna Pressley, Elissa Slotkin and Debbie Mucarsel-Powell. The bill has also received support from Senators Kamala Harris, Elizabeth Warren, Kirsten Gillibrand, Bernie Sanders, Amy Klobuchar and Cory Booker.

What protections will the “Be Heard Act” provide?

Despite civil rights laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), many employers continue to get away with violating workers’ rights.

According to Murray, the bill “will empower workers to come forward by providing new resources and support and it will safeguard existing anti-discrimination laws while expanding protections to make it clear that all workers — all workers — are protected under our civil rights laws.”

In addition to protecting workers from harassment, the “Be Heard Act” would:

• Eliminate tipped minimum wage and enforce fair pay
• Put an end to mandatory arbitration and pre-employment non-disclosure agreements
• Increase the amount of time allowed to report harassment
• The bill was spurred by a 2018 report published by the Senate Health, Education, Labor and Pensions Committee.

In addition to protections against workplace harassment, the committee recommended that the bill include provisions to:

• Strengthen workers’ rights to join unions
• Expand protections to include independent contractors or small business employees
• Clarify protections for LGBT workers
• Provide access to legal representation

Murray met with representatives from 17 industries with the highest percentages of harassment charges filed with the U.S. Equal Employment Opportunity Commission throughout the past decade. The top five include:

• Manufacturing
• Health care
• Social assistance
• Retail
• Public administration and accommodation
• Food services

“We are balancing the scale that has been tipped toward the wealthy, the well-connected and the powerful for far too long. The Be Heard Act will put long-overdue protections and accountability into law and remove barriers to justice,” Clark said.

Don’t fear retaliation. Know your rights!

Many workers hesitated to report harassment to their employer or the Equal Employment Opportunity Commission due to fear of retaliation, including:

• Changes in positions, being demoted, being passed or delayed on a promotion, or being fired.
• Facing stigma among co-workers.

In addition, many workers don’t file harassment complaints because they simply don’t know their rights are what course of action to take. Some have a distrust in the system. That’s why if you have faced harassment of any kind on the job, it’s crucial that you act.

The Ohio employment attorneys at Nilges Draher LLC represent workers who are victims of workplace harassment, as well as retaliation. To find out how we can help, contact us today.

Posted in Posts | No Comments »

The law is clearly outlined by the U.S. Equal Employment Opportunity Commission: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.”

In addition, federal law protects employees from harassment, omission, or mistreatment based on their skin color. Many employers know the law, yet they choose to break it anyway.

Race discrimination comes in many forms. In a few cases, it is fairly easy to see. However, in most cases, race discrimination occurs in more subtle ways and is difficult to prove. These could include:

• Assigning an employee less desirable tasks;
• Passing an employee over for a raise or promotion;
• Limiting an employee’s ability to earn pay or benefits;
• Evaluating an employee more harshly because of his or her race or skin color, rather than performance;
• Hiring a less qualified white applicant over a more qualified minority job applicant.

Why so little is being done

In many cases, employees choose to bring claims of race discrimination to the US Equal Employment Opportunity Commission (EEOC). According to a recent Vox article, the EEOC– as well as affiliated state and local agencies – close more than 100,000 discrimination cases each year. Claims of race discrimination are the most common of these cases, and a quarter of all EEOC complaints are made by black employees. However, these agencies only take action in roughly 15 percent of cases.

In many cases, the EEOC takes no action at all. For example, one worker at Alabama defense manufacturing company Austal USA experienced blatant discrimination through racial slurs, graffiti, and hate paraphernalia left by other employees. He, along with several other black workers, reported the incident to the EEOC. However, after a year of waiting, the agency failed to resolve the issue.

The Center for Public Integrity – a nonprofit investigative news agency based in Washington, DC – spent eight years compiling and analyzing complaints filed with the EEOC and other state and local agencies from 2010-2017. After reviewing hundreds of legal cases and receiving testimonies from people who filed complaints, the Center for Public Integrity found that the EEOC closes most cases without first determining if discrimination occurred. Additionally, nearly 40 percent of employees who reported discrimination to the EEOC experienced retaliation.

Former EEOC employees and other experts cite a limited budget, limited resources, and a 42 percent reduction in staff since 1980 as primary factors regarding the agency’s poor handling of discrimination cases. In addition, the labor force has increased by 50 percent – resulting in more discrimination cases.

What you can do if you’ve experienced discrimination

While agencies such as the EEOC may lack the resources and ability to pursue each case of racial discrimination, you have other options. The experienced and dedicated legal team at Nilges Draher LLC has extensive experience handling cases like yours. We’ll take the time to review all details regarding your complaint and launch a thorough investigation.

We’re committed to putting your needs first. Contact us today to discuss your matter and explore your legal options.

Posted in Posts | No Comments »

The population over the age of 65 is continuing to grow at a steady rate, according to the United States Census Bureau. By 2030, the entire baby boomer generation will be older than 65 years of age. By 2020, there is expected to be one retiree for every three working-age adults.

In Ohio, the average age of retirement is 63 years old. Some residents may not reach their full age of retirement until age 66 or 67. Others may choose to hold off on retirement for a few years after in order to receive larger social security payments.

Age discrimination in the workplace may deter older people from continuing employment, according to a study conducted by researchers at nonprofit organization Urban Institute.

Age discrimination is a growing problem

The study examined data from the Social Security Administration and National Institute on Aging and survey results from more than 2,000 full-time workers over age 50 who were with the same company for at least five years.

The findings of the study showed that workers over age 50 involuntarily ended employment due to:

• Being laid off or business closing – 28%
• Job dissatisfaction – 13%
• Unexpected retirement – 13%
• Poor health – 8%
• Family concerns – 1%

Only 10 percent of those who were forced to end their employment involuntarily were able to find the same level of employment or wages. Overall, workers over age 50 who ended their employment involuntarily had a lower household income by age 65 than those who didn’t. The median household income among all respondents before employer-related job separation was more than $93,000. After ending employment, the average dropped to nearly $55,000 – a 42 percent decrease.

Additionally, nearly 40 percent of retirees in 2014 were reportedly forced to end their employment – which marked a 26 percent increase since 1998 and a slight decrease from 2012.

As outlined in the Age Discrimination in Employment Act of 1967 (ADEA), it is unlawful for employers to discriminate against workers ages 40 and up and discrimination based on any age against anyone eligible to work in the US is illegal.

Our attorneys will fight to uphold your rights

If you believe your job or position was compromised or if you were denied employment due to your age, you have rights that should be upheld. An experienced Ohio employment law attorney will gladly investigate and work to build a strong discrimination case.

At Nilges Draher LLC, we know where to look for evidence of discrimination and will leave no stone unturned in the process. It’s critical that you act fast. In Ohio, the deadline to file your claim is 180 days. Contact us today to get started.

Posted in Posts | No Comments »