Employers are not permitted to discriminate against workers based on their age under both federal and Californian law. Employers cannot specifically refuse to recruit older job applicants or take adverse job measures (such demoting, terminating, or assigning older employees to unfavorable shifts) against them. Younger employees cannot file age discrimination claims.
Age discrimination lawsuits are becoming more prevalent in a labor market where youth and technological know-how are frequently valued over experience. But it can be difficult to demonstrate that age-based discrimination has occurred. There are three different sorts of evidence that can be used to prove that you have experienced this kind of discrimination, according to a knowledgeable California employment discrimination lawyer.
Read on to learn more and then contact PLBSH at (800) 435-7542 for a free legal consultation.
Direct evidence is the best type of evidence
First, direct evidence is the strongest kind of proof in any type of case. This can take the form of a remark made about your age that implies that your employer or the interviewer has a bias against older workers. For instance, it would be regarded clear proof of age discrimination if your employer questioned how long you would work before retiring or if you were asked this question during an interview. It is uncommon to have this kind of proof, but for obvious reasons, it can significantly strengthen your case against a discriminatory employer.
You can demonstrate unequal treatment
Second, an employment discrimination lawyer in California can demonstrate unequal treatment. If you are the most qualified or experienced applicant for a position, or if you are treated unfavorably when employed, this could be an instance of age discrimination.
Think of a scenario where you attend an interview for a post that specifies a Master’s degree in business administration as the minimal prerequisite (MBA). You apply for the position and have an MBA. You lose out on the job to a younger applicant who has a bachelor’s degree in anthropology but no business administration experience or training. That information might be used by a California employment discrimination lawyer to establish a prima facie case of age discrimination, and the employer would then have to prove that there was a good reason why the less qualified, younger candidate was chosen over you.
You can show how employment constraints impact older workers
Third, certain employment constraints could affect older employees and applicants differently. A California job discrimination lawyer could prove that you were the victim of age discrimination based on this. For instance, if all employees must meet fitness standards even though the majority of their jobs are sedentary, older employees may be more impacted than younger ones.
Get help from an employment law attorney today
Age discrimination can occur in practically every employment and can take many different forms. PLBSH can assist if you have experienced an unfavorable work action or job rejection as a result of age discrimination. Our firm has worked with clients to assist them receive justice for more than 40 years. For a free initial consultation, call (800) 435-7542 or email right now.