As you get older, your experience and breadth of knowledge should be respected in the workplace. However, many older workers encounter age-based discrimination and negative treatment due to their age. Fortunately, there are laws to protect your employment rights. Contact the age discrimination attorneys at Jimenez Loayza, APC for a confidential consultation to discuss your situation.
Examples of Age-Based Discrimination
Some examples of prohibited age-based discrimination in the workplace include:
- Encouraging older workers to retire
- Laying off only older workers
- Terminating an older worker for “poor performance” when there is not a documented history of such
- Making or allowing offensive jokes or remarks about age in the workplace that is so pervasive or severe that it causes a hostile work environment or results in an adverse employment decision against the older worker
- Recruiting and advertising in ways that are designed only to attract younger applicants
- Assigning job assignments that are less favorable only to older workers
Laws that Protect Against Age Discrimination
Federal and state laws protect employees and applicants from age discrimination who are 40 years old or older.
The major laws that protect workers from age discrimination include:
Age in Employment Act
The Age Discrimination in Employment Act (ADEA) prevents employers from taking any adverse action against these employees or applicants 40 or older because of their age that alters the terms or conditions of their employment, including:
- Refuse to hire
- Demote
- Terminate
- Fail to promote
- Provide different privileges or employment benefits when compared to younger workers
- Fail to provide training
- Create a hostile work environment
This law applies to employers with 20 or more employees. To prevail with a claim under the ADEA, the affected person must show that the employer made an adverse employment decision because of the employee’s age.
Older Workers Benefit Protection Act
The Older Workers Benefit Protection Act gives workers aged 40 or older 21 days to review any documents that waive their rights, such as a severance agreement. Additionally, these workers have seven days to revoke any severance agreement they entered into.
Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) provides the same protections as the ADEA, but it is broader in scope. It applies to employers with five or more employees. Additionally, this law only requires the employee to show that age was a “substantial motivating factor” in making an adverse employment decision, which is a lower standard than the because-of requirement in the ADEA. For these reasons, it is often recommended to file a claim under FEHA.
In California, affected employees or applicants must exhaust their administrative remedies before they can file an age discrimination claim. This typically involves filing a claim with the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.
Contact an Experienced San Diego Age Discrimination Lawyer
If you believe you are experiencing age discrimination in the workplace, do not hesitate to reach out to the skilled San Diego employment attorneys at Jimenez Loayza, APC. We have helped many employees and applicants with discrimination claims and know what it takes to succeed. Contact us today to schedule a confidential consultation.