Age discrimination in the workplace has been a nationwide issue for many years. Regrettably, it has resulted in the wrongful termination or demotion of countless workers. Even though workplace discrimination based on a person’s age is unlawful, many employers continue to discriminate against their employees. When age discrimination is an issue, the State of California protects an employee’s right to seek restitution for the wrongful act.
California Laws That Protect Against Age Discrimination in the Workplace
In California, there are two laws that protect employees from age discrimination in the workplace.
- The California Fair Employment and Housing Act, or FEHA, will apply to employers who have five employees or more.
- The Age Discrimination in Employment Act, or ADEA, is a federally mandated law that applies to employers who have 20 employees or more.
Under both of these laws, employees over the age of 40 are protected against discrimination based on age in the workplace.
Forms of Age-Based Discrimination in the Workplace
Although workplace age discrimination can come in many different forms, most will affect a person’s compensation, workplace conditions, job assignments, and/or changes in the terms and privileges within the employment.
It is very important to understand that workplace discrimination based on age can occur in all stages of employment, therefore, it is not simply found during a person’s employment. The phases age-based discrimination can occur will include:
- During a person’s recruitment period, especially when the job application inquires about a person’s age;
- During the worker’s hiring process;
- When the employer is considering candidates for promotion;
- When the employer is making decisions regarding employee raises or bonuses;
- When the employer is making decisions with regard to firing workers or laying off employees;
- When the employer is setting requirements for retirement;
- When the employer is considering candidates for training opportunities; and
- When the employer is making determining employee benefits.
Filing a Discrimination Case in the State of California
If you are facing age-based discrimination in your place of work, you should know that you have legal rights. Age-based discrimination in the workplace is illegal and it can have adverse effects in your personal life and career.
Filing a claim for age discrimination is not always simple. In order to win a case, the following must be demonstrated:
- The accused party is covered by state or federal discrimination laws;
- You are over the age of 40;
- You were adversely affected by the discriminatory actions; and
- The accused party took those actions because of your age.
Seek the Legal Support of a Qualified Attorney
Anytime workplace discrimination occurs, the consequences can be detrimental for the affected worker. If you are facing age discrimination in your place of work, consider contacting a knowledgeable attorney who can represent your rights. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation have vigorously represented the rights of workers who have been discriminated against because of their age. The firm has more than three decades of service in the field of employment law. Contact the firm today for a free case evaluation
