Age Discrimination - Aiman-Smith & Marcy
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Age Discrimination

As the current workforce ages in place, issues of discriminatory actions increase exponentially. Age discrimination continues to plague many corporations. Our employment law attorneys specialize in such cases; they have the skills and experience to advocate the rights of all protected age group individuals.

Corporations continue to associate more former employees with a propensity to accidents, increased health risks, as well as higher insurance premiums, resulting in employment decisions that are age-biased and discriminatory.

Age discrimination Protection for Employees

Both state and federal laws protect employees from age discrimination. The Federal Age Discrimination in Employment Act (ADEA) prohibits discrimination because of age against any employee 40 years of age and older. The California Fair Employment and Housing Act (FEHA) also provides similar protection.

Both statutes prohibit employers from discrimination in any aspect of employment, including:

  • Hiring
  • Job duties
  • Layoff
  • Pay and benefits
  • Promotions
  • Termination

Additionally, employers cannot: 

  • Refuse to hire or unreasonably exclude a person seeking employment because of age
  • Discriminate by withholding benefits or privileges afforded to other employees because of age
  • Require/request a person to supply age-related information
  • Require/ask a person to undergo a physical examination, unless used in determining fitness for the job duties
  • Basing a job decision from age-related information obtained from any source, unless for compliance 

Age Discrimination Indicators 

Certain employer practices and actions such as those listed below commonly suggest age discrimination. Indicators that age was a determining factor in decisions to take adversarial steps such as discipline, termination, demotions, pay cuts, layoffs, including age-related comments, i.e.,

  • Referring to older workers as Boomer, grandpa, grandma, old-timer or other derogatory terms
  • Comments such as “come on, pokey,” “you’re slowing us down,” “not keeping up,” “you should know better at your age.”
  • Questioning older employees about their retirement
  • Commenting that more former employees are not computer-literate
  • Saying that younger workers are faster
  • Offering younger employees opportunities to higher training and promotions, bypassing older and long-term employees

Reductions/Layoffs in the Workforce

In a reduction in workforce action, age discrimination frequently occurs when less expensive, younger ones replace older individuals. Additionally, if individuals targeted for termination are more former/long-term employees, this can be considered age discrimination as well.

If you have experienced age discrimination in a reduction/layoff event, take note of the other employees laid off, as well as any trends that may be apparent that the company is eliminating long-term, older, ill or injured employees.

Hostile Work Environment

If the workplace hostility is rife or persistent and negatively affecting your ability to work, you may be entitled to a hostile work environment claim related to age. Constant badgering of older workers by managers/supervisors prodding them to increase production/move faster but do not treat younger workers, in the same manner, may be contributing to a hostile work environment as well. 

Let’s Discuss Your Rights

Our law firm focuses on employment law, consumer fraud, and class actions in California. The employment law attorneys at Aiman-Smith & Marcy are dedicated to protecting your rights. We pursue all available remedies to stop the discriminatory or harassing behavior and seek monetary damages to compensate you for your losses. If you believe you have been wrongfully terminated because of your age or have experienced age discrimination at work, contact our lawyers today for a free consultation.