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Abney Law – Louisville’s Trusted Age Discrimination Attorneys

Age Discrimination Attorney Louisville KY

age discrimination

The Kentucky Civil Rights Act and the federal Age Discrimination in Employment Act make it illegal to treat someone differently in the workplace because of their age. Workers over 40 years old are protected from discrimination and harassment in the workplace based on age.  

Despite decades of legal protection, age discrimination remains one of the most common and socially acceptable forms of workplace inequality. Older workers are often labelled as “overqualified” or heard comments like “we need fresh energy” and are pushed out, passed over or encouraged to retire early.

At Abney Law, we stand with experienced professionals in Louisville – teachers, engineers, nurses, managers and skilled tradespeople who face unfair treatment due to their age. They have earned their place in the workplace and we are here to defend them.

  • Had the best experience with Stewart the whole process he was very easy to work with , commented frequently , and a nice guy overall and his assistant Peyton was just as nice and helpful. thank you’ll for the help!

    Aleshia

U.S. Department of Labor Uncovers Child Labor Violations in Kentucky McDonald’s Franchises

Understanding Age Discrimination: More Than Just a Number

Like many forms of illegal discrimination, discrimination based on age can often be subtle and take on a variety of forms, including:

  • Denial of employment/hiring someone just because they are younger
  • Making jokes or unwanted comments based on age
  • Assignment of undesirable or demeaning tasks only to older people
  • Lower pay for the same work
  • Denial of training, education or other benefits to older people
  • Making a job harder to encourage someone to quit
  • Reduction in forces/layoffs that disproportionately affect older people
  • Terminations that affect older people disproportionately as well as policies that provide training, educational benefits, and other benefits only for younger workers may be discriminatory.

These practices may seem like “business decisions,” but when they consistently disadvantage employees over the age of 40, they are in violation of both Kentucky and federal laws.

Common Scenarios Where Age Bias Appears

Age discrimination often arises during organizational changes. During layoffs, older employees with higher salaries may be targeted under the guise of “cost-cutting,” even if their performance is strong. In hiring, job postings may seek “digital natives” or “recent grads,” signaling a preference for younger candidates. In promotions, leadership roles may go to younger staff, despite the seniority and qualifications of older candidates.

Employers may refuse to invest in the upskilling of older workers, assuming that they “won’t be around for long.” Mandatory team-building events may center on youth-oriented activities, excluding or alienating older staff. Even seemingly positive comments, such as “You look great for your age,” can contribute to a hostile environment by reinforcing stereotypes about declining abilities.

Why Age Discrimination Cases Are Challenging—But Winnable

Age discrimination cases can be difficult to litigate, particularly in a reduction in force or mass layoff scenario.  Courts have recognized that older members of the workforce naturally exit the workforce in a number higher than younger employees and, therefore, sometimes hold age discrimination claims to a higher standard than other forms of discrimination.   The attorneys at Abney Law are experienced at analyzing and litigating complex discrimination claims.

Unlike race or gender discrimination, age discrimination often lacks explicit slurs or overt hostility. Instead, it is hidden behind euphemisms such as “cultural fit,” “lack of innovation,” or “salary compression.” To overcome this, we use data-driven strategies, such as comparing termination rates, promotion patterns, and compensation across age groups, to reveal systemic bias.

We also use direct evidence when it is available, such as emails referring to “trimming the grey”, HR notes labelling an employee as “resisting change”, or witness testimony regarding ageist remarks made by decision makers. Even seemingly insignificant comments can be significant when linked to adverse employment decisions.

Legal Protections: What Laws Apply?

Two key laws protect workers over 40:

  1. The federal Age Discrimination in Employment Act (ADEA) applies to employers with 20 or more employees and covers issues such as hiring, firing, promotion, compensation, and employment terms.
  2. The Kentucky Civil Rights Act (KCRA) covers employers with 8 or more employees and offers similar protections under state law, although sometimes with broader coverage.

In addition, the Older Workers Benefit Protection Act (OWBPA) ensures that any waivers of age discrimination claims in severance agreements must be voluntary, knowing, and allow the employee at least 21 days (or 45 days for group layoffs) to consider and 7 days to revoke. Unfortunately, many employers violate these regulations, rendering the waivers unenforceable.

What Should You Do If You Suspect Age Discrimination?

If you believe you have been targeted because of your age, here are some critical steps to take:

  • Document everything: Keep a record of any discriminatory comments, changes in policies, and decisions made about older workers. This will help you build a case if needed.
  • Save performance reviews: If you receive negative performance reviews, be sure to save them as evidence that they are not based on your actual work.
  • Compare treatment: See if younger colleagues with similar qualifications are given better opportunities than you. This can help you determine if there is a pattern of unfair treatment.
  • Do not sign any severance agreements without consulting a lawyer: Severance agreements often have strict terms and conditions, so it’s important to understand what you are agreeing to before signing.
  • Contact a lawyer immediately: Deadlines for filing claims can be short, so don’t delay contacting a lawyer if you think you have a legitimate case. They can help you navigate the legal process and ensure your rights are protected.

Remember, it’s crucial not to assume that your employer’s explanation for their actions is always accurate. “Restructuring” and “budget cuts” can often be used as excuses for unlawful discrimination.

  • I could not recommend Abney Law enough! Stewart and the entire staff are knowledgeable and genuinely care about every client. Stewart has made navigating difficult times much easier with his guidance and expertise!

    Grace

Strict Deadlines: Don’t Wait to Act

Under Kentucky law, you typically have 180 days to file a complaint with the Kentucky Commission on Human Rights. However, under the Age Discrimination in Employment Act (ADEA), you have 300 days to file with the Equal Employment Opportunity Commission (EEOC) – but only if you also file with a state agency.

For OWBPA claims involving severance agreements, you have up to two years to file a lawsuit – but proving the agreement is invalid requires prompt action. Early consultation helps ensure that your rights are not lost.

Learn More About Disability Discrimination

Your Experience Is an Asset—Not a Liability

Age discrimination not only harms individuals, but it also weakens entire organizations by disregarding the wisdom and experience of older employees. The law is in place to prevent this, and we are committed to enforcing it.

If you think you’ve been denied an employment opportunity because you are over 40 or you’ve otherwise been discriminated against based on your age, contact the attorneys at Abney Law online or call (502) 498-8585.

Common Age Discrimination FAQs

Who is protected from age discrimination?

The federal Age Discrimination in Employment Act (ADEA) and the Kentucky Civil Rights Act protect employees and job applicants who are 40 years of age or older. These laws protect workers of any age within that group; it is illegal to favor a 45-year-old over a 60-year-old, or vice versa, based on age. Workers under 40 are not protected by federal age discrimination statutes, though some state laws may offer broader protections.

What are common, subtle signs of age discrimination in the workplace?

Beyond overt statements about age, subtle indicators include: being excluded from key meetings or training opportunities in favor of “digital native” younger colleagues; receiving unwarranted negative performance reviews focusing on perceived lack of “energy” or “adaptability”; being passed over for promotions in favor of less experienced younger employees; being pressured to retire; hearing coded language like “overqualified,” “set in your ways,” “not a culture fit,” or needing “fresh ideas”; and being disproportionately targeted in a reduction-in-force (RIF) that eliminates higher-salaried, older workers.

My employer says they had to lay me off as part of a reduction-in-force (RIF). Can this still be age discrimination?

Yes. A RIF is a common context for age discrimination claims. Even during a legitimate downsizing, employers cannot use age as a factor in selecting who is terminated. Evidence of age discrimination in a RIF includes: statistical data showing a disproportionate impact on workers over 40; the selection criteria being subjective or manipulated; older workers being replaced by younger, lower-salaried employees shortly after the RIF; or comments by decision-makers suggesting a desire for a “younger team” or “new blood.” These cases require careful statistical and factual analysis.

Is it illegal for an employer to ask my age or graduation date on an application?

While not automatically illegal, such questions can be strong evidence of discriminatory intent if you are not hired. The EEOC considers inquiries about age that are not necessary for business purposes to be a “red flag.” Employers should not request age or date of birth on an initial application. If asked, the concern is whether the information was used to screen out older applicants. An experienced attorney can scrutinize the hiring process for such patterns.

What is the “higher standard” courts sometimes apply to age discrimination claims?

Unlike other discrimination claims (e.g., race or sex) under Title VII, some courts have interpreted the ADEA differently. In a “disparate treatment” case (intentional discrimination), a plaintiff must ultimately prove that age was the “but-for” cause of the adverse action, meaning that “but for” their age, the decision would not have occurred. This can be a more demanding standard than proving age was a “motivating factor,” which is the standard in some other discrimination cases. This nuance makes precise legal strategy and evidence-gathering critical.

What evidence is crucial for proving an age discrimination case?

Strong evidence can include: Direct evidence, such as emails or witness testimony of age-related comments (e.g., “we need to get rid of the old guard”); Comparative evidence showing similarly situated younger employees were treated more favorably; Statistical evidence demonstrating a pattern of adverse actions against older workers; Shifting explanations from the employer for the adverse action; and documentation of your own strong performance history prior to the discriminatory act. Meticulous documentation is key.

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