Age Discrimination Lawyer In Delaware
If you have been pushed out of a job, passed over for a promotion or treated differently because of your age, talking to an attorney can help you understand your rights and determine whether you have a viable legal claim.
I am John M. LaRosa Esq., and at LaRosa & Associates, I focus my practice solely on employment law to serve and protect the rights of workers in the Wilmington area and across Delaware. With over 25 years of dedicated service, I am proud to represent employees who have experienced age discrimination in the workplace.
What Counts As Age Discrimination Under Federal And Delaware Law
Workers 40 and older are federally protected under the Age Discrimination in Employment Act. Delaware’s own employment laws provide additional protections at the state level. Together, these laws prohibit employers from making job decisions based on age, whether that involves hiring, promotion, pay, discipline or termination.
Age discrimination does not always arrive as an obvious or documented event. It often shows up in patterns: exclusion from meetings, reassignment to less visible work, placement on a performance improvement plan while younger colleagues with similar records are not, or pressure to retire through ultimatums. If any of this sounds familiar, I encourage you to reach out.
Common Examples Of Age Discrimination In Delaware Workplaces
The cases I have handled reflect how varied these age-discrimination situations can be. Common scenarios include:
- Being fired or laid off while younger employees in similar roles are kept on;
- Receiving a demotion or pay cut without a legitimate performance-based reason;
- Being passed over for promotion in favor of a significantly younger candidate despite stronger qualifications;
- Facing pressure to retire or accept a buyout under threat of termination; or
- Hearing age-related comments from supervisors around the time an adverse action is taken.
These situations do not always leave a clear paper trail, which is why getting legal guidance early matters. I have represented Delaware workers through Equal Employment Opportunity Commission (“EEOC”), Delaware Department of Labor (“DDOL”) proceedings and state and federal court litigation, and the results below reflect what that representation has produced for real clients in common age-discrimination situations.
Results I Have Achieved For Delaware Age Discrimination Clients
The cases below reflect what dedicated legal representation has produced for real workers facing age discrimination across Delaware. Each one involved a different employer, a different workplace and a different set of circumstances, but the common thread is that these clients chose to act rather than walk away.
“Retirement is wonderful!! We thank God (and you) every day that we moved forward with our legal action … It helped ensure we can really enjoy this stage of our lives and be comfortable knowing our money will outlast us and hopefully help our children and grandchildren! Life is good John and you were very instrumental in making it that way!”
– SA
“John [LaRosa] represented me in an employment matter. He was professional, responsive and clearly discussed all the details and possible outcomes of my case. I highly recommend John.” – SB
| Nature of Case | Results | Jurisdiction |
| Age Discrimination; Constructive Discharge; Demotion |
Obtained a settlement for a 67 year old Trademark Paralegal of a Fortune 500 apparel company who was demoted with a reduction in pay and forced to resign because of her age. | United States Equal Employment Opportunity Commission |
| Age Discrimination in Employment; Forced Resignation |
Obtained a settlement for a 58 year old executive told he would be fired if he did not retire. | United States Equal Employment Opportunity Commission |
| Race Discrimination; Age Discrimination |
Obtained a settlement for a 61 year old, African-American Fraud Investigator of a bank who was discharged by her younger, Caucasian supervisor for allegedly poor performance after having received numerous awards during 30+ years of service. | United States Equal Employment Opportunity Commission |
| Reverse Race Discrimination and Age Discrimination; Non-renewal of Contract |
Obtained a six-figure settlement for a then 55 year old Caucasian female public school principal whose contract was non-renewed by her African-American superintendent who stated publicly that she wanted more “African-Americans” and more “young people” in leadership roles. | United States District Court For the District of Delaware |
| Age Discrimination; Sex Discrimination; Unpaid Administrative Leave; Performance Improvement Plan |
Obtained a settlement for an award-winning, 50 year old female Director of a healthcare system arising from her younger male supervisor placing her on a 5-month performance improvement plan (“PIP”), then placing her on unpaid administrative leave, and finally discharging her less than 4 months after issuing her the 5 month PIP. | United States District Court For the District of Delaware |
| Retaliation; Age Discrimination; Termination of Employment |
Negotiated a settlement including one year of health benefits for a 55 year old marketing director of a Fortune 500 company who was fired less than 6 weeks after he filed a charge of age discrimination against its president who is 15 years younger than him. | United States Equal Employment Opportunity Commission |
| Denial of Promotion; Retaliation; Involuntary Transfer; Sex and Age Discrimination in Employment |
Won an EEOC determination of cause for discrimination and proceeded to obtain a five-figure settlement for a 48 year old female executive denied a promotion and involuntarily transferred to another department after she complained of sex and age discrimination by her younger male manager. | United States Equal Employment Opportunity Commission |
| Delaware Whistle Blowers’ Protection Act and Sex and Age Discrimination |
Procured a settlement for a 47 year old female Store Manager of a national pharmacy chain who was fired less than four months after she internally reported a younger male vice president after he unsuccessfully tried to flirt with her, made ageist comments about her age, and physically grabbed her. | United States District Court For the District of Delaware |
| Age Discrimination; Termination of Employment |
Procured a six-figure settlement for a 60 year old railroad engineer fired by his 28 year old general manager after refusing to commute nearly 3 hours to a job. | United States District Court For the Eastern District of Pennsylvani- a |
| Delaware Worker’s Compensation Improvement Act; Perceived Disability and Age Discrimination |
Procured a settlement for an EMT/Firefighter who was a) forced to undergo a fitness for duty test, b) suspended just nine months after filing a workers’ compensation claim for a knee injury and c) encouraged to resign by the president of the fire company who said, “Let’s face it. You are 45.” | United States Equal Employment Opportunity Commission |
Talk To A Delaware Age Discrimination Attorney Today
If you believe your employer has treated you unfairly because of your age, do not wait to find out where you stand. Deadlines for filing age discrimination claims are strict, and missing them can permanently eliminate your options. We offer free telephone screenings and will give you a direct, honest assessment of your situation.
Call 302-250-4283 or reach out online for the free screening or to schedule a consultation at my Wilmington law office or via Zoom today.