Are You a Victim of Age Discrimination? Here's What to Do | Blog | Aiman-Smith & Marcy
Call us today at (800) 798-8498

Are You a Victim of Age Discrimination?
Here’s What to Do

Many types of employment discrimination exist, but age discrimination is one of the most rampant in the US. Age discrimination was the fifth-highest type of discrimination case that plaintiff’s filed in 2019, according to the Equal Employment Opportunity Commission. Such claims made up 21.4 percent of all cases filed that year. It’s imperative that you take action if you believe an employer has committed age discrimination against you. The following is some information on the topic and what you can do if it happens to you.  

What Is Age Discrimination?

Age discrimination is a term that describes an unfair act or practice toward a person by an employer based on the person’s age. For a case to qualify as age discrimination, the victimized individual must be over 40 years of age. Discriminatory actions can occur at any stage of employment, including the hiring process, active employment, and termination processes.  

California Laws That Prohibit Age Discrimination

Two acts exist that prohibit employers from discriminating against a person over the age of 40. The Age Discrimination in Employment Act of 1967 (ADEA) applies to employers who have employed 20 or more employees. The Fair Employment and Housing Act (FEHA) is a California law for businesses who employ more than five employees. Both acts clearly state that employers are not to conduct actions such as:

  • Refusing to hire an employee because of age
  • Firing a worker because of age
  • Segregating a worker because of age
  • Reducing a worker’s wages because of age

These laws also prohibit labor organizations from excluding older workers from membership or canceling their membership because of their ages.  

Examples of Age Discrimination in the Hiring Process

How often have you gotten a denial letter for a job for which you were perfectly fit and suitable? You may be a victim of age discrimination if you are having trouble obtaining employment, and you think it’s because of your age. It can be difficult to prove it without the assistance of a seasoned attorney. Employers sometimes find ways to get around the process, even when they know that an older candidate is skilled enough and meets the qualifications of the job. However, there is hope for you if you’ve been victimized. More organizations are conducting research, and new cases are setting precedents that will help you win the fight. For example, the San Francisco Chronicle published a news report about a study that a group of economists conducted. The study found that employer responses plummeted as the ages of the applicants rose. 

Examples of Age Discrimination in the Workplace

Sometimes employers discriminate against active employees by assigning them different jobs or segregating them with other people in the same age group. In some cases, they fire older employees with no legitimate reason other than misconceptions based upon their ages. You have every right to bring this up to someone who can help if you feel as though it has happened to you. 

What to Do About Age Discrimination

The first step toward getting the help you need is to contact a reliable law firm that specializes in employment law. Your attorney will know exactly what to do to rectify the wrong that has been done to you. 

Contact Our Firm Immediately

We at Aiman-Smith & Marcy have been protecting the rights of California workers since our inception. We believe in preserving the rights of California citizens to receive fair treatment in the employment process. We work on a contingency fee basis, which means that you will not have to pay us until we win your case. Contact us today to schedule a consultation to discuss your options.