.png)
01
Direct Evidence
Explicit statements connecting an employment decision to age.
Age Discrimination Lawyer in Birmingham, MI
If you've faced age discrimination at work in Birmingham, MI, Scott Batey can help. Nearly 30 years of Michigan employment law experience.
There is a particular kind of frustration that comes with being pushed out of a job you've done well for years. The meetings you're suddenly not invited to. The younger colleague who gets the promotion you were clearly next in line for. The offhand comments about "new energy" or "fresh perspectives" that seem pointed directly at you. You start wondering whether what's happening is real, whether it's legal, and whether anyone will actually listen.
Age discrimination is more common in Michigan workplaces than most employees realize, and it is often subtle enough that workers spend months second-guessing themselves before they ever consider calling an attorney. That hesitation is understandable. It is also costly.
Scott Batey has been practicing employment law in Michigan since 1996. He has seen how age discrimination plays out in real workplaces, from corporate layoffs engineered to push out senior employees to quiet campaigns designed to make experienced workers feel unwelcome until they leave on their own. If you work in Birmingham or anywhere in Metro Detroit and something at work feels wrong, Scott can give you a straight answer about whether what you experienced may have crossed a legal line.
What Is Age Discrimination Under the Law?
Federal Protection: The ADEA
The Age Discrimination in Employment Act (ADEA) is the primary federal law protecting workers from age discrimination. It covers employees and applicants who are 40 years of age or older and applies to private employers with 20 or more employees, as well as federal, state, and local governments.
Under the ADEA, it is unlawful for an employer to discriminate based on age in hiring, firing, pay, job assignments, promotions, layoffs, training, or any other term or condition of employment.
Michigan Protection: The Elliott-Larsen Civil Rights Act
Michigan's Elliott-Larsen Civil Rights Act (ELCRA) provides parallel protections at the state level and, in some respects, offers broader coverage than the ADEA. ELCRA applies to employers with one or more employees, which means smaller Michigan employers that fall below the ADEA threshold may still be covered under state law.
ELCRA prohibits discrimination based on age in employment decisions and works alongside the ADEA to give Michigan workers meaningful options when pursuing a claim.
Who Is Covered
- Employees 40 and older (under the ADEA)
- Job applicants, current employees, and in some circumstances former employees
- Workers at qualifying private employers, public agencies, and labor organizations
- Michigan employees at smaller employers may have additional protections under ELCRA even if the ADEA does not apply
Common Forms of Age Discrimination in the Workplace
Age discrimination does not always look like a manager saying "you're too old for this job." It is frequently more calculated and harder to name in the moment. Some of the most common patterns Scott sees include:
- Termination or inclusion in a layoff that disproportionately affects workers over 40
- Being passed over for promotions given to younger, less experienced colleagues
- Demotion or reduction in job responsibilities without a legitimate performance reason
- Exclusion from training programs, leadership development, or key projects
- Pressure to retire or accept a buyout framed as a "generous opportunity"
- Harassment based on age, including repeated comments about being "set in your ways," "not keeping up," or "resistant to change"
- Job postings using coded language like "recent grad," "digital native," or "high energy team" designed to screen out older applicants
- Performance management that begins only after a company announces workforce restructuring
Age Discrimination vs. General Workplace Unfairness
Not every unfair workplace situation is an unlawful one. Michigan employees are protected from discrimination based on a protected characteristic, which in the age context means being 40 or older. Being treated poorly, passed over arbitrarily, or managed by someone who simply does not like you does not, on its own, create a legal claim.
A viable age discrimination claim typically requires:
- An adverse employment action (termination, demotion, failure to promote, significant reduction in duties or pay)
- A connection between that action and your age as a motivating or determining factor
- Evidence, direct or circumstantial, that supports that connection
Proving an Age Discrimination Claim in Michigan
The Legal Standard
Under the ADEA, the U.S. Supreme Court's decision in Gross v. FBL Financial Services established that a plaintiff must prove age was the "but for" cause of the adverse employment action. This is a higher standard than what applies in some other discrimination contexts. It means the evidence must show that the adverse action would not have happened but for the employee's age.
Michigan's ELCRA may allow for a somewhat different analysis in cases involving mixed motives, which is one reason pursuing both federal and state claims is often strategically important.
The McDonnell Douglas Framework
In cases built on circumstantial evidence, courts often apply the McDonnell Douglas burden-shifting framework. In plain terms, this means:
- The employee establishes a basic case of discrimination
- The burden shifts to the employer to offer a legitimate, non-discriminatory reason for the action
- The employee then has the opportunity to show that the employer's stated reason is a pretext for discrimination
What to Do If You Think You Have a Claim
Steps to Take Now
- Document everything. Save emails, performance reviews, org charts, and any written communications that reflect how you were treated or how decisions were made. If someone made an age-related comment, write it down with the date, who was present, and the exact words used.
- Do not resign without speaking to an attorney. Quitting can complicate or eliminate certain legal claims. If your workplace has become intolerable, you may have options, but talk to Scott first.
- Avoid signing anything. If your employer has offered a severance or separation agreement, do not sign it under time pressure before getting legal advice. You likely have more time than your employer is suggesting.
Filing Deadlines: Do Not Miss Them
Filing deadlines in age discrimination cases are strict, and missing them can permanently bar your claim.
- Under the ADEA, Michigan employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act. Michigan is a deferral state, which means charges may also be filed with the Michigan Department of Civil Rights (MDCR).
- ELCRA has its own statute of limitations. An attorney can advise you on which deadline applies to your specific situation.
- Once the EEOC issues a Right to Sue letter, you have 90 days to file a lawsuit in federal court.
What Your Experience Is Worth
Age discrimination is not a minor inconvenience. It is a professional setback that can cost Michigan workers years of earnings, benefits, and career momentum. It sends a message that your experience and your contributions matter less than how old you are. That message is not just insulting. In many cases, it is illegal.
Michigan law, alongside federal law, exists to hold employers accountable when they make employment decisions based on age rather than performance, qualifications, or legitimate business need. But the law only works if you act on it, and acting on it requires knowing whether you have a case and what to do next.
Scott Batey has spent nearly 30 years answering exactly those questions for Michigan employees. He does not hand cases off. He does not practice general law with an employment section buried in the menu. Employment law is the only thing he does, and age discrimination cases are among the most important work he handles.
Your Next Step Starts with a Free Consultation
If you worked in Birmingham or anywhere in Metro Detroit and believe your employer may have discriminated against you because of your age, contact Scott Batey. The consultation is free, confidential, and comes with no obligation. Scott will listen to the facts, tell you honestly whether your situation may support a claim, and explain your options under Michigan and federal law.
Do not wait. Filing deadlines in age discrimination cases are real and unforgiving. The sooner you call, the more options you have.
📍 30200 Telegraph Rd., Suite 400, Bingham Farms, MI 48025