Age Discrimination

Cincinnati Age Discrimination Lawyers

Representing Cincinnati Workers 40 & Older Under Federal & Ohio Law

If you’re a worker or job applicant who is 40 or older, both the Age Discrimination in Employment Act (ADEA) and Ohio law protect you from discriminatory treatment. The ADEA is a federal law that applies to employers with 20 or more employees. As an Ohio worker, you have 300 days from the discriminatory act to file a charge with the EEOC. Under Ohio law as amended by House Bill 352 (effective April 15, 2021), you have two years from the discriminatory act to pursue a state claim under Ohio Revised Code Section 4112, and you must file a charge with the Ohio Civil Rights Commission (OCRC) before filing suit.

The ADEA also prohibits specific employer conduct. Under the act, employers may not:

  • Use age preferences in recruiting materials. Employers can’t mention age or signal a preference for younger applicants in job ads or recruiting materials. They may ask for a date of birth or graduation date on an application, though such inquiries can draw scrutiny under the ADEA.
  • Set age limits on training programs. Restricting access to training opportunities based on age violates federal law.
  • Force retirement at a specific age. Mandatory retirement policies are prohibited, with narrow exceptions. Be wary if your employer begins asking about your retirement plans. If termination follows, it may support an age discrimination claim. A specific case addresses this issue.

Robert A. Klingler Co., L.P.A. has represented executive and professional employees in civil litigation since 1985. We accept cases selectively, which means clients receive our full attention and a strategy built around the specific facts of their situation. If you believe your employer has violated federal or Ohio age discrimination law, call us at (513) 650-6270 to speak with an age discrimination attorney in Cincinnati that workers have trusted for decades.

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Retaliation Protections Under Ohio & Federal Law

Protection extends beyond those who experience discrimination directly. Both Ohio and federal law prohibit employers from retaliating against employees who report age discrimination or serve as witnesses to it. If you speak up about something that doesn’t seem right, your employer can’t lawfully punish you for doing so. The 2013 Supreme Court decision in University of Texas Southwestern Medical Center v. Nassar raised the causation standard for retaliation claims, making it meaningfully harder to prove that an adverse employment action was tied to protected activity. Read our blog post on how that ruling changed the landscape for retaliation claims in Ohio and why skilled legal representation matters even more as a result.

The OWBPA & Severance Agreement Review

For executive and professional employees, age discrimination often surfaces at the moment of departure, specifically in the form of a severance agreement. The Older Workers Benefit Protection Act (OWBPA) sets strict requirements for any severance agreement that asks you to waive your rights under the ADEA. Before signing, there are four protections you should understand.

  • 21-Day Review Period. Employers must give workers over 40 at least 21 days to review any agreement that waives ADEA rights.
  • 7-Day Revocation Window. Even after signing, you have 7 days to revoke the agreement.
  • Plain Language Requirement. The waiver must be written in plain language, reference the ADEA by name, and provide something of value beyond what you’re already entitled to receive.
  • Written Advisement to Consult Counsel. Employers are required by law to advise you in writing to consult an attorney before signing.

Signing a severance agreement without legal review may permanently forfeit your right to pursue an age discrimination claim. We counsel executive and professional employees on whether to accept, negotiate, or reject severance offers. Our flexible fee arrangements, including contingency-based structures in appropriate matters, make that review accessible.

Age Discrimination in Cincinnati’s Professional Workforce

Cincinnati’s workforce includes experienced professionals in their 40s, 50s, and 60s who are entitled to equal protection under Ohio and federal law. Age discrimination doesn’t always look like an obvious policy. Consider a professional who applies for a position with 25 years of directly relevant experience, meets every stated qualification, and receives no response. Later, they learn the employer had quietly capped hiring at a maximum years-of-experience threshold. A facially neutral policy applied in a way that systematically screens out older applicants can still constitute an adverse employment action under the ADEA.

We represent Cincinnati executives and professionals who have been passed over, pushed out, or otherwise treated differently because of their age. We’re Cincinnati-based, and the clients we serve work here. We understand the local employment environment and bring that context to every case we take.

Protecting Yourself Before & After You File

Acting early and documenting carefully strengthens any potential claim. There are practical steps both job seekers and employed professionals can take now.

  • Job applicants. Retain copies of job postings, application materials, and any correspondence. If you were passed over despite meeting every stated qualification, that record matters.
  • Current employees. Monitor personnel policies, employment contracts, and benefit plans for provisions that may conflict with state or federal age discrimination law. Documenting workplace incidents, saving relevant emails, and retaining performance reviews all contribute to a stronger record.
  • When something seems wrong. Don’t wait to see how things develop. The filing deadlines under both federal and Ohio law are firm. Contact us as soon as you have concerns.

Start Your Age Discrimination Consultation in Cincinnati

A common misconception is that federal and Ohio protections don’t begin until age 50 or 65; both laws protect workers starting at age 40. Filing deadlines under the ADEA and Ohio law are strict, and missing them can permanently bar a claim regardless of its merits.

If you’re an executive or professional employee in Cincinnati who believes you’ve been wrongfully treated because of your age, we can assess your situation. We accept contingent fee arrangements in appropriate employment discrimination matters, and consultations are available to evaluate whether you have a viable claim. Call Robert A. Klingler Co., L.P.A. at (513) 650-6270 to speak with a Cincinnati age discrimination lawyer about your options before time runs out.

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