Age Discrimination Attorney El Paso, TX

Age discrimination Attorney El Paso, TX involves treating someone (an applicant or employee) less favorably because of his or her age.  This is true in both hiring and employing.

If you can do the job your age should not prohibit you from obtaining or keeping a job.  If your employer is treating you bad or fired you because you are over 40 years of age then you may have a claim for age discrimination.

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.  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.

Signs of Age Discrimination in the Workplace

Believe it or not, age discrimination still occurs in the workplace. Here are a few signs that you may be experiencing discrimination based on your age:

• Superior Treatment of Younger Employees: If you’ve observed that the younger employees in your company are consistently treated before than the older employees, it may be a cause for concern. For instance, you may notice that younger workers are always promoted instead of older workers, despite not having as much experience or skills.

• Favoritism: Do you notice that the younger employees in your company are given the best equipment or the best tasks to do? Or do the younger workers get invited to important meetings while older workers get excluded? If so, your employer may be engaging in discriminatory practices.

• Remarks About Age: Even if they are said in a jokingly manner, frequent remarks about your age in the workplace can be concerning. For instance, if your supervisor or coworkers comment about how slow you walk or when you plan on retiring, it may be concerning.
• Frequent Negative Performance Reviews: Performance reviews give employers a chance to provide constructive criticism for their employees. If you’ve always received excellent reviews and suddenly start receiving poor reviews, your boss could be trying to get rid of you because of your age.

What to Do If You’re Being Discriminated Against for Your Age

If you believe you are the victim of age discrimination at your job, you can take action. Here are the steps you should follow:

• File an Administrative Complaint: The first thing you must do is file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). The agency will investigate your claim and determine if you have the right to sue your employer for discrimination.

• File a Lawsuit: If the EEOC determines that you have grounds to sue your employer, you have 90 days to file a lawsuit in court. The lawsuit will explain the basis of your discrimination and the damages you’re seeking.
• Hire a Lawyer: An age discrimination lawsuit can include many complexities and be quite stressful. That is why it is important to have a skilled age discrimination lawyer on your side. He or she can guide you through the entire process and improve your chances of a successful outcome.

If you are facing age discrimination, you should schedule a consultation with a reputable age discrimination lawyer at the office of Davie & Valdez P.C. today.

The Legal Reality Of Age Discrimination

 Decisions based on age discrimination rather than merit remain a real concern in the workplace. Federal and state laws prohibit employment discrimination against individuals aged 40 and older. These protections apply to hiring, promotions, job assignments, terminations, and other terms and conditions of employment. For example, the Age Discrimination in Employment Act (ADEA) plays a central role in providing federal protection. At the same time, many states have their own rules that can extend safeguards beyond those offered under federal law.

Our experienced team has worked with many clients who were overlooked for promotions, forced into early retirement, or passed over for job openings due to assumptions about their age. These are not just unfair practices—they’re against the law. Whether the behavior is obvious or subtle, patterns that consistently disadvantage older workers may give rise to valid legal claims.

Patterns Of Unequal Treatment

Age discrimination isn’t always blatant. Sometimes it shows up through repeated comments about a worker’s ability to “keep up,” company-wide preferences for younger employees, or shifting responsibilities without justification. These signs can indicate an underlying bias that may be difficult for individuals to prove on their own. That’s where documentation becomes important. Timelines, written records, and internal communications all help build a picture of what’s going on.

When we assess potential claims, we look at how policies are applied and whether older workers are consistently treated differently. We also examine performance reviews, communication patterns, and internal job postings to uncover evidence that supports a client’s concerns.

Legal Protections And What They Cover

Federal laws such as the ADEA apply to employers with 20 or more employees, while some state laws apply to even smaller businesses. In either case, the laws cover a range of decisions—not just hiring and firing. Compensation, benefits, and job assignments are also protected categories. Employers cannot retaliate against someone for speaking up about age discrimination or participating in an investigation related to it.

Age discrimination claims often benefit from a close look at how younger workers are treated in similar roles. Are they offered more professional development opportunities? Are older workers left out of key meetings or conversations? These comparisons can be important in legal action or settlement discussions.

Taking Action With Confidence

We know it’s not easy to come forward when something feels off at work. Most people don’t want to cause conflict; they just want fair treatment and a safe environment to contribute their skills. If you’ve been passed over or pushed out of a role, we’re here to help you understand whether your rights may have been violated.

At Davie & Valdez P.C., we walk with our clients through each step of the process, reviewing records and timelines to help determine the best course forward. With more than fifty years of combined legal experience, our team works hard to resolve issues early. If you think you’ve experienced age discrimination, reach out to our award-winning lawyers today. Let’s discuss what happened and explore your options together.