How to file age discrimination complaint?
As an employment attorney, I help clients with age discrimination cases regularly. Here's the proper process:Step 1: Document Everything- Keep detailed records of discriminatory incidents- Save emails, performance reviews, and relevant communications- Note dates, times, witnesses, and specific commentsStep 2: File with EEOC- You must file with the Equal Employment Opportunity Commission (EEOC) before suing- File within 180 days (300 in some states) of the discriminatory act- You can file online at EEOC.gov or at a local officeStep 3: State Agencies- Many states have their own anti-discrimination agencies- You can file with both state and federal agencies- Some states have longer filing deadlines than the EEOCStep 4: Legal Process- The EEOC will investigate and may issue a "Right to Sue" letter- You then have 90 days to file a lawsuit in federal courtImportant: Age discrimination protections apply to employees 40+, and you need to show that age was a determining factor in the adverse employment action. Consult with an employment lawyer early in the process - many offer free initial consultations.
I went through this process myself last year after being forced into early retirement at 58. Here's what I learned from personal experience:My practical advice:1. Talk to a lawyer FIRST - Most employment attorneys offer free consultations and work on contingency (they only get paid if you win)2. Gather evidence quietly - Don't announce you're filing a complaint until you have your documentation together3. Be specific - General feelings of being "pushed out" aren't enough. You need concrete examples of age-related comments or different treatment compared to younger employeesThe emotional reality:- It's stressful and can take months or years- You might face retaliation (which is illegal but happens)- Consider whether you want to stay at the company or just seek compensation- The process can be draining, so make sure you have supportWhat I wish I knew: The EEOC is overwhelmed and understaffed. My case took 8 months just for them to investigate before I got my "Right to Sue" letter. Having realistic expectations about timelines is important for your mental health during this process.The Age Discrimination in Employment Act (ADEA) is your friend here - know your rights before you start the process!