As you move through an ADEA claim, your employment lawyer Orange County can explain that there are several procedures that you must first go through before you can proceed with a lawsuit. Additionally, employment lawyers Orange County can also tell you if any affirmative defenses may be raised in your case.
You must first exhaust administrative remedies before you can proceed with a lawsuit. This includes filing a claim with the Equal Employment Opportunity Commission within 180 days after the alleged conduct from which the claim arises. Alternatively, you can file your claim within 300 days after the conduct if the state where you file has a work sharing agreement with the Equal Employment Opportunity Commission or within 30 days from your termination. You must file with the method that is the earliest. However, claims under the Lilly Ledbetter Fair Pay Act provide a longer filing time period. Furthermore, you must file your lawsuit within 90 days from receipt of your notice of right to sue.
Although the ADEA prohibits discrimination on the basis of age, there are a few affirmative defenses the employer can raise. For example, employers can discriminate based on age when age is a bona fide occupational qualification. Additionally, employers can raise an affirmative defense if compliance with the law would cause an employer in a workplace in another country to violate the laws of that country, if the employee was terminated for good cause or for a few other limited reasons.
If you would like to learn more about the applicability of affirmative defenses or the procedural requirements of these claims, contact an employment lawyer Orange County at Daily Aljian LLP by calling 949-861-2524.