The Age Discrimination in Employment Act makes it illegal for businesses to terminate, refuse to recruit, or otherwise discriminate against employees based on their age (ADEA). Too many employees, unfortunately, are victims of employment infractions camouflaged as layoffs, reductions, and other justifications.
Read on to learn what constitutes age discrimination and then contact PLBH at (800) 435-7542 to speak to an employment law attorney. If you have been the victim of discrimination, we can help you.
Accusations of age discrimination
The difficulty in proving age discrimination allegations is not proving that someone was dismissed or refused a job under questionable circumstances, but rather that the employer’s decision was influenced by the employee’s age or years of experience.
A single employee may find it difficult to gather the necessary evidence to file a valid complaint under this criterion. Age discrimination, on the other hand, seldom occurs in a vacuum. Typically, a business would implement new regulations that affect a big number of senior employees, such as a budget reduction decision.
What is age discrimination and how does it happen?
Age discrimination occurs when an employer treats an employee differently or adversely because of their age. The following are some examples of age discrimination:
- Being turned down for a job because of your age
- Termination as a result of your age (while younger employees were not fired)
- Failure to receive a promotion (which went to a younger employee)
- Poor performance assessments due to your age (such as a refusal to take on new tasks or an “inability” to acquire new technologies)
- After your employer makes age-related comments about you, being fired or denied a promotion
Who is safe from discrimination because of their age?
For organizations with 20 or more employees, employees aged 40 and over are protected from age discrimination. The Age Discrimination in Employment Act does not apply to all employees. Individuals in “high policymaking positions” who are qualified for a pension of $44,000 or more, as well as those who must be a particular age to work as an actress or model, are not protected.
In rare situations, provisions in contracts may not protect police officers, firemen, tenured teachers at universities, and some federal employees against age discrimination.
Is it true that if a potential employer says I’m “overqualified,” I have a case?
It all depends on the circumstances. Employers are not allowed to refuse to hire an experienced candidate because they believe he or she will retire or find another employment shortly. Employees would have to establish that their age was the reason they were not employed rather than another, justifiable cause. Our attorneys will assess the circumstances to see if you have a case.
Is it necessary for me to reveal my age on a job application or during a job interview?
Employers have no legal right to inquire about your age or date of birth. However, because this is not a regular question asked by employers, if you suspect you have been the victim of age discrimination during the recruiting process, document the occurrence.
I was asked to leave my job early. Is it legal to do this?
Offering voluntary early retirement is not prohibited. In these situations, an employee’s right to pursue a claim against the corporation is frequently waived. To compensate for the early retirement, the company usually increases retirement benefits. Every circumstance is unique, therefore an attorney should be consulted before an employee signs any papers.
At PLBH we are dedicated to ensuring that California workers are treated in accordance with the law. If you believe your employer has acted illegally against you, contact us at (800) 435-7542 for a consultation.