Both Federal and Californian law strictly prohibit employers from discriminating against employees based on age. Specifically, it is illegal for employers to decline hiring older job applicants or undertake detrimental job actions (such as demotion, termination, or allocation of unfavorable shifts) against older employees. Age discrimination claims are strictly applicable to older employees.
Despite an increasingly common presence of age discrimination claims in a job market valuing technological proficiency and youth over experience, establishing age-based discrimination can be challenging. As per a seasoned California employment discrimination attorney, there are three primary evidence types that can help prove such discrimination.
Direct Evidence: The Most Potent Proof
In any case, direct evidence proves the most potent. This type of evidence encompasses explicit comments about your age, reflecting the employer’s or interviewer’s bias against older employees. For instance, if your employer questions you about your retirement plans or an interviewer queries your intended work duration, these would be deemed direct evidence of age discrimination. Although such evidence is rarely available, it can significantly bolster your discrimination case against an employer when present.
Disparate Treatment: Unequal Treatment Indicating Discrimination
The second evidence type a California employment discrimination attorney can demonstrate is disparate treatment. If you’re the most suitable job candidate or the most experienced, qualified employee, but you don’t get hired or are subjected to adverse actions, this might indicate age discrimination.
Consider an instance where you apply for a position requiring a minimum qualification of a master’s degree in business administration (MBA), which you possess. Suppose a younger candidate with a bachelor’s degree in Anthropology, lacking any business administration degrees or experience, gets hired instead. In such a scenario, an employment discrimination attorney could use this information to present a prima facie case of age discrimination. The employer would then have to justify their decision to hire the less qualified, younger candidate over you.
Disparate Impact: Job Requirements Negatively Impacting Older Employees
Thirdly, certain job requirements might negatively impact older employees and applicants. Under such circumstances, a California employment discrimination attorney can substantiate that you’ve experienced age discrimination. For instance, if your job is primarily sedentary but your employer suddenly imposes fitness requirements on all employees, this could disproportionately affect older employees compared to their younger counterparts.
Age discrimination can manifest in various forms and can occur in virtually any workplace. If you’ve faced a job rejection or adverse action at work due to age discrimination, PLBH is here to assist. With more than 50 years of experience, our firm has been aiding clients in achieving justice. To schedule a free initial consultation, contact us today at (800) 435-7542.