What is Age Discrimination in the Workplace?
Discrimination in the workplace is a real problem in the US and many are discriminated due to their age. Last year alone, there were 12,965 charges filed due to age discrimination. Fifty percent of all coworkers admit they have witnessed instances where age was a factor in discrimination yet they didn’t report it.
Los Angeles is a mecca for employment. Unfortunately, it’s a hotspot for age discrimination too. If you have been treated unfairly because of your age, an Employment Lawyer Los Angeles can help you.
What is Age Discrimination in the Workplace?
When a person is treated unfairly or less favorably due to their age, it is age discrimination. In the workplace, age discrimination of anyone over the age of forty is not permitted in the State of California.
California Law Concerning Age Discrimination
Age discrimination involves treating an applicant or employee less favorably because of his or her age. Age discrimination is prohibited in California under the Age Discrimination in Employment Act (ADEA). Only those who are age 40 or older are covered in the law although some states do protect younger workers.
Under the law, it is not illegal for an employer to favor an older worker, even if both are over the age of 40.
Although the protections under the law are straightforward, they can be complicated. It is best to consult an Employment Lawyer Los Angeles for full interpretation of the law and for help navigating the legal system. Be sure to turn to a lawyer who specializes in discrimination within the workplace because not all attorneys are familiar with this type of law.
If you are considering filing a lawsuit against an employer, your best bet is to speak with an Employment Law Attorney Los Angeles who can help guide you through the legal process.
Ageism
Ageism is another word for age discrimination. It is one of the most prominent forms of discrimination at the workplace. It can have a serious impact on an employee and carries legal implications.
Age is a source of prejudice. Gender reassignment, disability, marriage and civil partnership, maternity, pregnancy, race, sex, sexual orientation, and religion or creed are the other areas of discrimination that are prohibited by law. .
The four types of discrimination the law defines are indirect discrimination, direct discrimination, victimization, and harassment.
Along with giving the employee rights, employers have duties within the act. The employer is charged with not discriminating due to age– directly or indirectly. They are not to treat anyone differently because they are older.
Employees are protected under the law. This applies even if they are being assumed to be a certain age but aren’t. There is no minimum length of employment an employee has to attain in order to qualify for the protections under this act. Even job applicants are covered. The protection lasts until the last day the employee works at the company.
The law is very clear that age can play no factor in decision-making or treatment. If a supervisor has an open position and wants to hire a younger person who they feel will be at the job longer or perform better due to age, they are not allowed to do so. The reason behind the decision is age related. Everyone must have a fair chance regardless of age or any other discriminatory factor.
There are times a pay raise would affect an employee’s retirement. It is not unusual for an employer to make a decision not to give a raise to save the company money in what they will be paying as their part in retirement. This decision is based in age in an indirect way and is not legal.
If you feel you have been discriminated against due to your age, you may want to speak to an Employment Law Attorney Los Angeles to have your situation evaluated. If there is just cause, you can pursue your claim with the help of your attorney. You are not required to retain a lawyer but it is wise to do so.
Work Situations and Age Discrimination
Discrimination is prohibited under the law in an aspect of employment which includes hiring, firing, pay, promotions, layoffs, job assignments, benefits, training, job transfers, benefits, and any other condition of employment.
Harassment and Age Discrimination
Both in the workplace and outside of it, it is against the law to harass a person due to their age. Offensive remarks, derogatory statements, and jokes about age are all examples of harassment. The law doesn’t prohibit teasing, but it does outline that any hostile or offensive work environment is against the law. Anything that hinders a person’s ability to perform his or her job due to being a victim of such action is also illegal. In addition, a person being demoted or fired due to age is also against the law.
Employee Policies and Practices Pertaining to Age
The harasser is often a coworker or supervisor. It can also be a client or customer. Anyone discriminating or harassing another person due to age is in violation. All workplaces should have age policies and practices in place with a protocol intact in case there is a problem. That doesn’t mean they do though. The person being harassed may even be the supervisor to the victim which complicates the situation.
The policy within the workplace applies to all regardless of their age or status. Even if the workplace doesn’t have a policy, harassment at the workplace due to age is against California law if it has a negative impact on employees or applicants who are age 40 or over as defined in RFOA.
Employment lawyer Los Angeles | Point Law Group
If you are looking for an experienced Employment Lawyer Los Angeles who has successfully represented employment issues such as age discrimination, contact the professionals at Point Law Group. Call today to set up a no-cost, no-obligation consultation – (310) 560-0606.
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