Have You Been a Victim of Ageism in the Workplace?
On behalf of Rager Law Firm posted on October 19, 2018
Even though age discrimination is illegal in California, some employers still discriminate against older employees and job applicants. You might not realize age discrimination is a serious issue until you’re the victim of it. Age discrimination has been a huge problem in the workforce for decades, one that has resulted in innumerable individuals to be subjected to wrongful termination, job demotions, and even being passed over for employment to begin with.
The number of elderly individuals in the workforce is expected to surge in the U.S. in the coming years, which means it’s vital to put a stop to age discrimination ASAP. If you have experienced age discrimination in the state of California, or know someone else who has, do not just sit by and accept careers being ruined because the person celebrated another trip around the sun. Reach out to our skilled Los Angeles employment law attorney at Rager Law Firm to discuss your rights as an employee and ensure fair treatment in the workplace for people of all ages.
What is Age Discrimination?
According to the California Fair Employment and Housing Act (FEHA), age discrimination occurs when an individual over the age of 40 is treated less favorably in the workforce because of their age. Some examples of age discrimination, or ageism, include:
Employers refusing to hire older workers, even if they are equally or more qualified than other applicants
Terminating employment once an individual reaches a certain age
Refusing to promote existing qualified employees due to their age
Age-related harassment in the workplace that is frequent and severe
Who Does Age Discrimination Apply To?
FEHA’s definition of age discrimination applies to “the chronological age of any individual who has reached his or her 40th birthday.” FEHA also prohibits unions and labor organizations from excluding, expelling, or otherwise restricting the membership to any person based on their age. The same prohibitions apply to apprenticeship training programs and employment agencies throughout the state.
How To Tell if You’re the Victim of Ageism in the Workplace
While getting fired or laid off because of your age is the most serious and harmful type of discrimination, ageism can take many forms. To establish age discrimination, you must prove that your age was considered in the denial of an employment benefit, including employment itself. Denied employment benefits may include:
Termination of employment
Failure to promote
Denial of a work environment free of ageism
Mass lay-offs of employees over the age of 40
Denial of equal pay
Denial of promotions
Denial of medical leave
Forced to quit
Forced to transfer
Employers usually won’t just outright state that the employee is being terminated or denied a promotion due to their age. However, there are a number of signs you can look for to tell if you’re being discriminated because of your age. These include your employer:
Firing long-standing employees
Firing higher-salary employees
Forcing older employees take on certain duties
Sudden negative job performance reviews
Promoting a youthful corporate culture
Joking or commenting about the age of older employees
Forcing older employees to retire
Retaliation for reporting age discrimination
If you or someone you know are experiencing age discrimination, contact our law team at Rager Law Firm today for a consultation with our Los Angeles employment law attorney.