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Texas Roadhouse Alleged to Have Refused to Hire Older Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently alleged that Texas Roadhouse, a national restaurant chain, engaged in the practice of age discrimination, reports the EEOC website.

The Texas Roadhouse age discrimination allegation stems from the fact that since 2007 Texas Roadhouse has allegedly been discriminating against workers that get to work the front of the restaurant and other visible locations, like bartending. Texas Roadhouse is alleged to have consistently used only people less than 40 years old to work these areas.

The EEOC further alleges that Texas Roadhouse's hiring officials told unsuccessful applicants across the nation that "there are younger people here who can grow with the company," "you seem older to be applying for this job" and "do you think you would fit in?"

Federal and state laws prevent an employer from discriminating against job applicants and employees on the basis of age. The best known example of these laws, the federal Age Discrimination in Employment Act (ADEA), prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age.

Claims of unlawful discrimination on the basis of age can be difficult to prove. To successfully prove an employee was discriminated against on the basis of age, the employee must show that some adverse action was taken on the basis of his or her age. It is not enough for an employee to show that he or she was replaced by a younger person, although this fact can serve to strengthen a claim under the ADEA. An employee may waive his or her rights under the ADEA at the request of an employer, in exchange for a severance package or other consideration.

The ADEA is a complicated area of employment law and it is best to consult with a Houston Employment Law attorney if you suspect you might have a claim.

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