In these days, the phrase “60 is the new 60” and similar statements oftentimes are heard and read. The fact is that no matter your age, if you are capable and desire to work, you cannot legally be subjected to workplace age discrimination. Therefore, if you believe that you are or have been the victim of employment age discrimination, you learn more about your legal rights by contacting a California age discrimination lawyer at (800) 337-7436.
What is Age Discrimination?
Before diving deeper into your legal rights and how a California labor lawyer can protect your vital interests, you need to have a basic understanding of the law about age discrimination. In basic terms, age discrimination is treating an employee or job applicant differently because of age. Federal and California age discrimination laws protect workers and applicants for employment who are 40 years of age or older. These criteria were established in federal legislation known as the Age Discrimination in Employment Act or ADEA.
Businesses and Employees Covered by the Discrimination in Employment Act
ADEA protections are somewhat limited. For example, an employer must have 20 or more employees. If an employer has less that 20 employees, the protections that exist under ADEA do not extend to employees working for that enterprise.
Employers included in the ADEA are:
- Private businesses
- Local governmental agencies
- State governmental agencies
- Federal governmental agencies
- Employment agencies
- Labor organizations
California Law Protecting Against Workplace Age Discrimination
The state of California has enacted its own law providing workers protection against workplace age discrimination. That is to say, the Fair Employment and Housing Act, or FEHA, provides the types of protections found in the federal law discussed a moment ago. The law protects people 40 years of age an older in the Golden State against workplace employment discrimination. Therefore, a seasoned California workplace age discrimination lawyer can determine whether federal, state, or both legal schemes are applicable in your situation.
Examples of California Employment Age Discrimination
An examination of the specific facts and circumstances governs whether or not a claim for this type of employment wrongdoing may exist. With that said, there are certain types of conduct that occur more frequently in the context of California employment age discrimination claims. These include:
- Disparate treatment in hiring because of age
- Disparate treatment in firing due to age
- Unequal treatment in granting work-related privileges of benefits because of age
- Layoff of employees because of age
- Disparate job assignments due to age
- Disparate promotions policy based on age
- Unequal or dissimilar compensation based on age
As an aside, the ADEA does permit employers to favor older workers based on their age in certain circumstances. This is the case even if such favored treatment might adversely impact a younger worker.
Retaliation Against a Worker for Making an Age Discrimination Claim
Another aspect of the protections federal or California law extends to you and involves retaliation. With that said, Federal and California law protects you if you exert your rights regarding age discrimination. Therefore, your employer cannot retaliate against you if you pursue an age discrimination claim. For example, this includes making an internal report alleging this conduct.
The prohibition against retaliation in an age discrimination case also includes a situation in which you are testifying or providing evidence in regard to a fellow worker being subjected to employment age discrimination.
A Question of Age
The protections against workplace age discrimination are stringent and expansive. For example, the California FEHA prohibits an employer from asking employees about their specific age. On a related note, the FEHA prohibits a business or company from asking the age of candidates for employment.
Gender Differences and Age Discrimination
Statistics reveal that there appears to be a gender difference when it comes to age discrimination in California and elsewhere in the United States. Women are the primary targets of age discrimination:
- 72 percent of working women between the ages of 45 to 74 believe that they face workplace age discrimination
- 57 percent of men between the ages of 45 to 74 believe that they face employment age discrimination
Equal Employment Opportunity Commission and Age Discrimination
The Equal Employment Opportunity Commission, or EEOC, handles a variety of different types of discrimination claims. These include workplace age discrimination allegations.
The EEOC receives about 20,000 age discrimination claims in a given year. About 20 percent of all discrimination claims filed with the EEOC annually arise from allegations of age discrimination.
If you are the victim of workplace age discrimination, you can file a claim with the EEOC. In addition, you can also pursue a lawsuit. Your California age discrimination lawyer can assist you in determining what path you need to follow in your case. An experience labor attorney can help you maneuver through an EEOC claim or a lawsuit you may elect to pursue in a court of law.
U.S. Supreme Court and Age Discrimination
The purpose of this presentation is not to haggle over legal specifics. With this in mind, you obtain legal information from a qualified age discrimination law labor attorney. Moreover, you learn more about your rights. In this regard, it behooves you to understand that over 10 years ago, the U.S. Supreme Court handed down an opinion that resulted in making age discrimination cases harder to pursue.
The fact that this type of case is now more difficult to pursue underscores the necessity of being as proactive and to obtain the professional services of a capable California age discrimination lawyer. You can connect with an experienced California age discrimination attorney right now by calling (800) 337-7436.
Protect Your Legal Rights with a Committed, Capable Fighter: Retain a California Age Discrimination Attorney
The legal team at the Law Offices of Labor Attorneys are available to explain your legal rights. We are here if you believe that you are the target of workplace age discrimination and need representation. You can reach an experienced California workplace age discrimination attorney by calling (800) 337-7436. We can schedule an initial consultation and case evaluation with a committed, caring, and tenacious California employment age discrimination lawyer at your convenience.
There is no charge and no obligation associated with an initial appointment with a California labor lawyer from the Law Offices of Labor Attorneys. Indeed, we never charge a fee in an age discrimination. In fact, we never charge an attorney fee in any type of discrimination case unless we win for you. Our workplace age discrimination lawyers are committed to fighting tireless on your behalf for justice and fair compensation.
