Life begins At Forty But Not Always! An Employment Lawyer Explains

If you live in the State of California it is good to know that it is in fact illegal to be discriminated against or harassed, if you are above the age of 40. Similar to race and gender, age is also a protected class. The Age Discrimination In Employment Act (ADEA) was put in place to protect individuals who are forty years old or above from discrimination in the work place. Employers are not allowed to discriminate against any person because of his/her age with regard to any privileges of employment such as hiring, firing, benefits, job assignments, promotion, apprenticeships, compensation, layoffs and training. ADEA applies to firms that employ more than 20 people. If you feel that you were passed over for promotion because of your age, or weren't given the level of training on a new computer, that your younger counterparts had, then you may well have a case for discrimination and you would be advised to seek the advice of Los Angeles employment lawyers who specialize in this particular field.

Despite hefty penalties that generally result from age discrimination cases, companies still don't seem to 'get it' and age discrimination complaint files continue to rise.

Examples of illegal practices that could merit a successful discrimination law case include:

  • hiring a younger job applicant instead of giving the job to a more experienced older employee, simply because the applicant was younger
  • denying an older worker a promotion, and hiring a younger worker instead
  • refusing older workers training or educational classes which are offered to younger workers
  • blatantly advertising for college graduates for a job, or specifying qualified employees who fall into a certain age band
  • alienating the older worker by discussing work after hours at a meeting at a bar or club to which the older worker is not allowed to attend, making snide remarks or jokes about the older worker and finally, regularly giving an older worker undesirable tasks that nobody wants to do
  • putting in a place a system of layoffs, which although it doesn't have a discriminatory intent, applies proportionately more to older workers
  • engaging in certain acts which are deliberately designed to force the older worker to quit

If any of these above actions have happened to you or a loved one, then an employment attorney, who is experienced in this field, can step in and fight your corner, if indeed you have a case to answer.

Age discrimination does have certain factors that make it different from other types of employment discrimination. A few of these include:

Replacing older workers

If age is the case, then it is illegal to replace a worker who is 40 with a person who is aged below 40. Equally, it is illegal to replace a person who is 40 with another person who is also aged 40.

Golden handshakes

Sometimes if an employer needs to downsize their workforce they may offer a special monetary package to an older worker if they agree to retire early. This is called a 'golden handshake' and is not age discrimination. However, if it can be proved that this practice is taking place purely to rid the workforce of older workers and is most certainly age orientated, then this would be illegal.

Replacing high flyers with lower earners

It is not illegal to replace those workers earning high salaries with people who won't earn as much because they lack seniority. However, this normally involves older people with younger ones. If the wages are not the real reason for this act, and the employer is simply trying to get rid of older workers, then this is illegal. In this instance the employee would have to prove that it was the age and not the wages, that was the reason for the employer firing older workers. If you have been fired from a high earning role because your employer said that he could not afford to pay you, and you suspect that it was more because of your age, then a team of employment lawyers will be only to happy to discuss your case with you.

Older Worker's Benefit Protection Act

This act protects any benefit packages or benefits for older workers. Under the Act, an employer must treat both old and young alike when it comes to paying benefits. An employer can manage this by either providing equal packages for all ages, or by spending the same amount of money on each individual.

So if you happen to be aged 40 or over and feel that you have been discriminated in the workplace simply because of your age, then you may well be able to sue your employer. You can arrange for a free no obligation meeting with an employment lawyer who will be sympathetic to your situation and will be able to determine whether or not you have a case to answer.