Employees of various ages frequently claim that they believe they have experienced age discrimination. Perhaps a recent college graduate feels unimportant because he is too young, while an older worker feels forced out because she is getting close to retirement. Even while both of their opinions may be justified, only one of them is considered age discrimination in the eyes of the law.
Read on to find out which two of these scenarios could warrant legal action. Then contact PLBH at (800) 435-7542 if you are in need of a free legal consultation.
Only workers over the age of 40 are protected
The first crucial aspect of age discrimination is that it is only prohibited when it affects a worker who is 50 years of age or older. Because neither federal nor Californian state law shields employees under the age of 40 from age discrimination, the recent college graduate in the aforementioned case wouldn’t be experiencing age discrimination. People who are 50 years of age or older are considered a protected class under the law.
More about protecting older workers
The Age Discrimination in Employment Act, or ADEA, is a federal statute that prohibits age discrimination in the workplace. This rule forbids age discrimination in the workplace and promotes firms to hire individuals based on qualifications and skill rather than age.
Employers are forbidden under the ADEA from discriminating against applicants or employees based on their age or to base their pay, terms, conditions, or privileges of employment on that factor. Additionally, smaller firms with at least five employees are covered by the ADEA’s provisions under the California Fair Employment and Housing Act (FEHA).
Proving an age discrimination claim can be challenging
You must first establish that you are 50 years of age or older before you can claim age discrimination. Once you have done that, you must then show that your employer’s decision to take the employment action was motivated by your age and that it negatively impacted you.
Age discrimination might have occurred, for instance, if you were passed up for a promotion while a less experienced, younger employee received the honor. A knowledgeable employment law expert can assist you in determining if you have been the victim of unlawful age discrimination at work.
Age discrimination can look like a lot of different things
Age bias can appear in many different ways. It could involve a company firing workers after they reach a specific age or not hiring older workers at all. Additionally, employers are free to discriminate against or harass current workers in a variety of ways, such as by bullying older workers or by using derogatory phrases to describe their age.
Older workers may be denied training opportunities or promotions, or they may even be demoted while younger workers are promoted by their employers. If any of these circumstances have taken place at your place of employment, you may have a case for age discrimination. Your next steps, which may include submitting claims to the proper state or federal agency, can be determined with the assistance of an experienced California employment law attorney.
Contact PLBH at (800) 435-7542 to request a consultation with an employment law attorney.