Age discrimination occurs when an employer treats an employee less favorably due to his or her age. The federal Age Discrimination in Employment Act (ADEA) protects employees who are aged 40 or older from age discrimination in the workplace if their employers have at least 20 employees working for them.
The Age Discrimination in Employment Act prohibits these employers from terminating their employees because of their age, forcing older workers into early retirement and subjecting them to age discrimination in the workplace.The Age Discrimination in Employment Act protects only older workers from age discrimination, not younger workers. Nonetheless, many states including California have age discrimination laws, which also protect younger workers from being victims of age discrimination in the workplace depending on the situation and circumstance.
What is age discrimination in the workplace?
Age discrimination is the unfair work treatment of an employee based on their age, mainly to those who fall under the category of employees over the age of 40 years old. Age discrimination is unlawful in any phase of the employment process, including the following:
- Job postings
- Job descriptions
- Job assignments
- Merit increases
- Performance management
- Disciplinary actions
Employers may not make assumptions or terminate workers based on age. For example, that older employees do not understand how to use the latest technology or won’t remain at the company for long because they will soon retire, or that they do not require as much time off as younger employees who have just started a family. All of these are examples of age discrimination in the workplace.
Age discrimination in the workplace – Discrimination in Hiring
Employers may not only seek to hire younger workers and may not rule out those applicants whose resumes show that they are slightly older, unless there is a valid reason for the business to do so. Such behavior when recruiting employees falls under age discrimination in the workplace.
Employers are not prohibited from asking an applicant for his/her age or date of birth in a job interview. However, this is not a common question, therefore, if it does happen, document the incident if you believe you have been a victim of age discrimination during the hiring process.
The Age Discrimination in Employment Act prohibits employment discrimination based on age for workers aged 40 and older. However, that has not stopped age discrimination in the workplace from taking place in Los Angeles. It is not illegal for an employer to request an applicant’s age, but it is definitely illegal for the employer to use such information when selecting an applicant for the job. Should you request a professional and experienced age discrimination lawyer in Los Angeles, look no further than contacting Wrongful Termination Law Group to successfully defend your case.
Age discrimination in the workplace – Harassment at work
The Age Discrimination in Employment Act forbids the harassment of older employees at work. This type of age discrimination in the workplace can take the form of bullying, jokes or unnecessary comments about an employee’s age. Several instances of age discrimination in the workplace can occur when an employer refers to an employee using needless names such as “old-timer”, “gramps”, or even suggesting that the employee has dementia.
Age discrimination lawyers have identified that any age-related comments by a manager or supervisor do fall under age discrimination in the workplace. With that in mind, do note that frequent comments or more serious/physical forms of harassment are more likely to be illegal.
Age discrimination in the workplace – Discrimination in benefits
Any form of termination that affects older workers less favorably than younger employees or certain policies that provide educational benefits or training only to younger employees falls under age discrimination in the workplace.
Los Angeles employment laws ensure that employers offer older employees benefits that are equal to those provided to younger workers, or that are of the same financial value. For any benefits that are more expensive (health benefits or life insurance), an employer may be allowed to offer alternative benefits to older workers, if the employer spends equal amounts on older and younger employees. To take advantage of this situation, an employer’s benefit plan must adhere to certain employment requisites. If you believe your employer’s benefit plan is unfair or discriminated against older employees, please consider contacting our age discrimination lawyers.
Are you a victim of age discrimination in the workplace?
It is against the law for employers (under the Age Discrimination in Employment Act) to terminate, refuse to hire or discriminate against employees or job applicants based on their age. Unfortunately, too many workers in Los Angeles are victims of age discrimination in the workplace, whether it is disguised as employment layoffs, cut offs or any other violations which create a hostile work environment.
Wrongful Termination Law Group is a renowned employment law firm in Los Angeles with a team which has successfully represented many Los Angeles and Orange County employees against employers who have wrongfully and illegally treated the employee due to his or her age.
Our experienced age discrimination lawyers understand how to recognize the routes that various employers in Los Angeles tend to engage in. We represent clients working in multiple industries and have noticed a widespread perception that older workers tend to fall victim to age discrimination in the workplace more often than younger employees.
If you believe you have been a victim of age discrimination in the workplace, our experienced age discrimination lawyers will explain your legal options and help protect your employee rights against any further age discrimination from your employer. Contact our offices in Los Angeles to speak with an age discrimination lawyer about your case and get the protection you need to avoid any future harassment at work.