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Age discrimination protection only applies to employees over the age of 40.

How the Law Protects You from Age Discrimination

It’s a common complaint among employees of all ages: they feel like they have been discriminated against because of their age. Perhaps a recent college grad thinks that nobody takes him seriously because he is too young, or an older employee believes that she is being forced out because she is nearing retirement age. While both of their beliefs may be legitimate, under the law, only one of them qualifies as age discrimination.

The first important point about age discrimination is that it is only illegal when it is against an employee who is aged 40 or older. In the example above, the recent college graduate wouldn’t be suffering from age discrimination because neither federal nor California state law protects workers under the age of 40 from age discrimination. Under the law, the protected class for age is people aged 40 and older.

The federal law that governs age discrimination is the Age Discrimination in Employment Act, or ADEA. This law encourages employers to hire workers based on abilities and skill, rather than age, and prohibits age discrimination in the workplace. ADEA makes it illegal for employers to refuse to hire or to fire individuals due to age, or to base their compensation, terms, conditions or privileges of employment based on their based. In addition, the California Fair Employment and Housing Act (FEHA) applies the protections of ADEA to smaller employers with at least 5 employees.

To prove that you were discriminated against on the basis of age, you must first show that you are 40 years old or older. Once you have demonstrated that, you must then show that (1) you were adversely affected by an employment action, and (2) your employer took that employment action because of your age. For example, if you were passed over for a promotion while a less knowledgable, younger employee was promoted, that may be an example of age discrimination. A skilled employment law attorney can help you determine if you have experienced unlawful age discrimination at your workplace.

Age discrimination can take many forms. It can include an employer refusing to hire older workers in the first place, or firing employees once they reach a certain age. Employers can also discriminate against or harass existing employees in any number of ways, such as using terms that describe older in negative terms or bullying older workers. Employers may lay off older workers first and keep younger workers, deny older workers training or promotions, or even demote older employees while promoting younger employees. If any of these situations have occurred at your workplace, you may have grounds for an age discrimination claim. A skilled California employment law attorney can help you determine your next steps, including filing claims with the appropriate state or federal agency.

Age discrimination is just one of the many types of discrimination that employees may face in today’s workplace. At PLBH, our employment law attorneys are dedicated to helping workers who have been discriminated against on the basis of age and other protected classes. Contact our office today at (800) 435-7542 or info@plblaw.com to learn how we can help you if you have been discriminated against in your workplace. We never charge a fee unless we recover money for you.