If you are 40 years of age or older, and you have been harmed by a decision affecting your employment, you may have suffered unlawful age discrimination. The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals 40 years of age or older from employment discrimination based on age.  Here are some examples of potentially unlawful age discrimination:

• You didn’t get hired because the employer wanted a younger-looking person to do the job.
• You received a negative job evaluation because you weren’t “flexible” in taking on new projects.
• You were fired because your boss wanted to keep younger workers who are paid less.
• You were turned down for a promotion, which went to someone younger hired from outside the company, because the boss says the company “needs new blood.”
• When company layoffs are announced, most of the persons laid off were older, while younger workers with less seniority and less on-the-job experience were kept on.
• Before you were fired, your supervisor made age-related remarks about you, such as that you were a “dinosaur,” “over-the-hill,” or “ancient.”

There are additional protections are provided in conjunction with the Age Discrimination in Employment Act. The Older Worker’s Benefit Protection Act (OWBPA) requires that individuals over the age of 40 be given 21 days to consider any agreement waiving their rights under the ADEA and have an additional seven days after signing it to revoke their signature. The OWBPA therefore has a significant impact on severance agreements. While you should never sign a severance agreement without consulting an attorney, if you have done so, but believe you have been subjected to age discrimination, you may still have a claim if you revoke in time. The severance agreement does need to be read carefully to determine how to the revocation must be made.