Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations. 

Older Workers Benefit Protection Act

Amends the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes.

Age Discrimination in Employment Act

Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.  It is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.  It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Texas Labor Code Chapter 21  

It is very similar to the Age Discrimination in Employment Act in its protections of age discrimination in employment.

Retaliation

State and Federal laws prohibit retaliation against employees who file a charge of discrimination; participate in an investigation of discrimination or testify in regard to a charge complaint discrimination.

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