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Kansas City
Age Descrimination Lawyer
Kansas City Age Discrimination Lawyers: Protecting Workers’ Rights
At Siro Smith Dickson, we are dedicated to fighting age discrimination in the workplace. Our Kansas City-based firm champions the rights of older executives, managers, and frontline workers who have faced unfair treatment due to their age. With nearly 100 years of combined experience, our attorneys are experts in employment law, specializing in cases where older workers are denied jobs, promotions, bonuses, or fair pay, as well as those involving harassment or wrongful termination based on age.
Your Trusted Advocates for Age Discrimination Claims
We firmly believe that older employees deserve to work and retire with dignity, on their own terms. Unfortunately, we often see corporations and management unlawfully pushing out successful older workers years before they’re ready to retire. This is frequently disguised through deceptive “reductions in force” or fraudulent “performance plans,” all to cut costs and boost profits.
Rik Siro and Eric Smith, our senior partners, are your premier resources for evaluating Kansas City age discrimination claims. Both Rik and Eric bring decades of trial and litigation experience, with a strong track record of winning age discrimination cases for our clients. You can see a selection of our successful case results for older workers here (replace with your actual link).
Is it illegal for an employer to ask about my retirement plans?
While a casual question may not be illegal, using retirement inquiries to pressure an employee out of their job or to justify a termination is a violation of the Age Discrimination in Employment Act (ADEA). Employers often use "planned retirement" as a pretext to replace veteran staff with younger, lower-paid employees. At Siro Smith Dickson, we help clients document these conversations as evidence of discriminatory intent.
Can I be fired for my age if the company claims it is a "Reduction in Force"?
Yes, age discrimination is often disguised as a neutral "Reduction in Force" (RIF) or corporate restructuring. If a layoff systematically targets employees over 40 while retaining younger staff with less experience, it may be a "disparate impact" violation of employment law. We analyze company layoff data in Kansas City and selection criteria to determine if our clients were unfairly targeted during a down-sizing.
What are the signs of a hostile work environment for older employees?
A hostile environment is created when age-based harassment—such as jokes about "old timers," derogatory comments about technology skills, or constant retirement pressure—becomes severe or pervasive. To be legally actionable, this conduct must interfere with your ability to perform your job or result in an adverse employment action like a demotion. Our legal team evaluates the frequency and severity of these incidents to build a comprehensive harassment claim.
Does the ADEA protect me in Kansas City if my harasser is also over 40?
Yes, you are still protected under federal and state law even if the person discriminating against you is also over the age of 40. The legal standard focuses on whether you were treated unfavorably because of your age relative to a "substantially younger" individual. We have successfully represented clients in complex cases where both the victim and the supervisor were in the protected age class.
What should I do if I’m being "managed out" through a Performance Improvement Plan (PIP)?
If you are a long-term employee suddenly receiving poor reviews after years of success, you may be the victim of a "fraudulent performance plan" used to justify a future firing. We recommend documenting every achievement that contradicts the PIP and consulting an attorney before signing any documents or severance agreements. Early intervention by a Kansas City employment lawyer can often prevent a wrongful termination or improve your settlement leverage.
What is the difference between Missouri and Kansas age discrimination laws?
While both states prohibit age discrimination, they differ in filing deadlines and the "standard of proof" required to win a case. For instance, Missouri law has specific statutes of limitations that can be shorter than federal deadlines, making it critical to act quickly. Our firm is licensed in both Missouri and Kansas, allowing us to determine which venue offers the strongest protections for your specific case.
How do I prove age discrimination if there is no "smoking gun" evidence?
Most age discrimination cases rely on circumstantial evidence rather than direct admissions of bias. We prove these cases by showing "pretext"—proving the employer's stated reason for a firing (like poor performance) is actually false. By comparing your treatment to younger coworkers and analyzing company emails or hiring trends, we can demonstrate to a jury that age was the true motivating factor. Read more on no "smoking gun" evidence.
Can an employer refuse to hire me because I am "overqualified"?
In many cases, the term "overqualified" is a coded euphemism for "too old" or "too expensive," which can be a form of illegal age bias. If an employer rejects an applicant over 40 for being overqualified while hiring a younger person with significantly less experience, it may violate the ADEA. We help veteran professionals challenge these hiring biases to ensure they are judged on their merit and experience.
What is the deadline to file an age discrimination claim in Kansas City?
In Missouri and Kansas, you typically have 180 or 300 days from the date of the discriminatory act to file a charge with the EEOC or state agencies. Missing these strict deadlines can permanently bar you from seeking justice or compensation. Because these timelines are so short, we encourage anyone suspecting age bias to contact our office immediately for a free consultation.
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What is Age Discrimination?
Age discrimination occurs when an applicant or employee is treated less favorably because of their age. Both federal law and state laws in Missouri and Kansas specifically prohibit age-related bias against workers who are 40 years of age or older. This protection covers various forms of mistreatment in the terms and conditions of your employment, including:
- Age harassment
- Refusal to hire or promote
- Lower pay compared to younger peers
- Faulty performance plans designed to force you out
- Wrongful termination or firing
Understanding Your Rights: Illegal Age Discrimination
It is illegal for employers to discriminate against you based on your age. This protection extends to assumptions about your retirement plans. You are also legally protected against age-based harassment and cannot be retaliated against for reporting concerns about age-related mistreatment at work.
If you suspect you’ve been a victim of age discrimination, or if you have questions about your rights, don’t hesitate to contact our Kansas City age discrimination attorneys. Siro Smith Dickson PC has the extensive legal experience to help you navigate a potential lawsuit and seek the justice you deserve.
Understanding Age Discrimination Law: Your Rights and Protections
Are you over 40 and believe you’ve been unfairly treated at work due to your age? Have you experienced a wrongful termination, been denied a promotion, or received lower pay compared to younger colleagues? If you’ve heard ageist comments, jokes about your appearance, or faced a “faulty performance plan” designed to push you out, you may be a victim of age discrimination. Siro Smith Dickson is here to help.
The Age Discrimination in Employment Act (ADEA)
The federal Age Discrimination in Employment Act (ADEA) is a cornerstone of age discrimination law. It specifically forbids discrimination against individuals who are age 40 or older. While the ADEA primarily protects workers over 40, it’s important to note that some states may have laws extending protection to younger workers.
It’s also crucial to understand that the ADEA does not prohibit an employer from favoring an older worker over a younger one, even if both are over 40. However, discrimination can still occur when both the victim and the discriminator are over 40, or when the favored employee is also over 40, as long as the favored individual is substantially younger than the older worker.
For example, it would be illegal to prefer a 50-year-old employee for a promotion or retention in a “reduction in force” while refusing to promote or forcing out a 58-year-old employee, based on their age.
If you believe you’ve been discriminated against based on your age, it’s vital to understand your legal options. Contact an experienced age discrimination attorney today to discuss your case.
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“As a professional, I worked with many attorneys over the years and Rik was the exception to some commonly held views of lawyers. He communicated well, was on time for meetings, met deadlines, and returned phone calls. No staged drama during depositions or court. Very professional and effective, highly recommend.”
“I would highly recommend Raymond Dake (or Siro Smith Dickson) and his team. They were extremely helpful. They talked me through the process and communicated well along the way. They listened to my needs and followed through. They are the ones to get the job done for you. Thank you for all your hard work.”
"If you are looking for attorneys with a great reputation and commitment you should call the team at Siro Smith Dickson."
“When I initially contacted Siro Smith Dickson, I was not sure that there was enough evidence to support my case. They were able to find information that I never knew existed. They believed in my case and more importantly believed in me. Thank you, Siro Smith Dickson, for the amazing result; my life has greatly been changed because of your dedication.”
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Age Discrimination in the Workplace: Understanding Your Rights
Age discrimination law broadly protects employees and applicants from unfair treatment across all aspects of employment. This means it’s illegal to discriminate based on age in situations including, but not limited to:
- Hiring and Firing: Unlawful denial of employment or wrongful termination due to age.
- Compensation: Discrimination in pay, including salary and bonuses.
- Job Assignments and Promotions: Being overlooked for new roles or advancement opportunities.
- Layoffs: Being unfairly selected for reduction in force based on age.
- Training and Benefits: Denial of opportunities for professional development or equal access to benefits.
- Any Other Term or Condition of Employment: Any other unfavorable treatment affecting your job terms.
Age Discrimination & Harassment: What You Need to Know
It is specifically unlawful to harass a person because of their age. This protection is crucial for maintaining a respectful and equitable work environment.
Age harassment can manifest in various ways, such as:
- Offensive or derogatory remarks about an individual’s age.
- Comments or jokes about a person’s presumed retirement date.
- Stereotyping based on age.
While the law doesn’t prohibit minor teasing or isolated, non-serious incidents, harassment becomes illegal when it reaches a certain threshold. This occurs when the conduct is:
- So frequent or severe that it creates a hostile or offensive work environment. This means the behavior significantly interferes with an employee’s ability to perform their job or makes the workplace intimidating.
- Results in an adverse employment decision. This could include the victim being fired, demoted, or experiencing other negative consequences directly linked to the harassment.
Crucially, the harasser can be anyone in the workplace, including:
- The victim’s supervisor
- A supervisor from another department
- A co-worker
- Even individuals who are not employees, such as a client or customer, if the employer has control over their presence or conduct.
If you believe you’ve experienced age discrimination or harassment in any work situation, it’s essential to understand your rights and seek legal guidance.
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Age Discrimination & Employment Policies: What You Need to Know
Even seemingly neutral employment policies and practices can be illegal if they disproportionately impact applicants or employees aged 40 or older. This is known as disparate impact age discrimination. An employer’s policy, even if applied to everyone, must be based on a “reasonable factor other than age” (RFOA) to be lawful if it negatively affects older workers.
Examples of such policies could include:
- Layoff criteria that, while not explicitly age-based, systematically disadvantage older, higher-paid, or more experienced employees.
- Performance review systems that, unintentionally, use criteria more difficult for older workers to meet.
- Recruitment practices that indirectly deter older applicants.
Your Rights and Our Commitment
At Siro Smith Dickson, our Kansas City age discrimination attorneys are dedicated to upholding the principle that every employee deserves fairness and dignity throughout their career. We believe it is unacceptable and illegal to dismiss seasoned older workers after years of dedicated service, especially as they enter their peak earning years and before they are ready to retire on their own terms.
Such actions by employers can have profound and life-altering consequences for individuals and their families. If you suspect you or a loved one has been a victim of age discrimination in employment policies or practices, it is crucial to act quickly. Age discrimination claims are often subject to strict time deadlines, and swift action is necessary to preserve your legal rights and build a strong case.
Don’t let unlawful age discrimination go unchallenged. Contact our experienced age discrimination attorneys in Kansas City today for a confidential consultation about your employment situation. We are here to help you understand your rights and fight for the justice you deserve.