What Constitutes Age Discrimination at Work?

While age discrimination can occur in various ways, it commonly involves employees who are 40 and older being:

  • Fired, laid off, forced to quit as a result of their age
  • Passed over for promotions due to their age
  • Demoted, have their pay reduced, or have their hours cut due to their age
  • Offered inferior pay, benefits and/or job assignments due to their age harassment
  • Not getting hired due to their age
  • Subjected to employers’ policies or practices that discriminate against them because of their age

What is Age-Based Harassment?

The FEHA not only prohibits discrimination, but it also prohibits harassment based on an individual's age. When an employer creates or enables the existence of an abusive, disrespectful, or threatening work environment that negatively impacts an employee's capacity to execute his or her job, this is known as age harassment.

Slurs, jokes, and unpleasant or insulting statements regarding a person's age are the most typical forms of age-based harassment. Such remarks support an age discrimination claim while also giving rise to a second claim for age harassment. The corporation as well as the individual harasser may be held accountable for the harassment allegation.

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How is Age Discrimination Proven?

Most companies and managers who participate in age discrimination do not confess their actual motivations, and instead try to explain their actions by blaming non-age related concerns such poor employee performance, downsizing, staff cutbacks, or corporate reorganization. Even if there is no "smoking gun" evidence of age discrimination, victims of prejudice can frequently substantiate their claims using circumstantial or indirect evidence.

  • Discriminatory remarks regarding the employee's age made by the owner or supervisor, such as jokes about age and look, the employee being asked when he or she would retire, or insulting remarks about the worker being sluggish, his or her technical abilities, and so on.
  • An older employee is replaced with a much younger employee who has weaker or at best equivalent credentials.
  • Layoffs or staff cutbacks are disproportionately affecting older employees.
  • Younger employees are given preferential treatment in terms of compensation, promotions, and working conditions, among other things.
  • Older employees are being denied training and other opportunities to advance within the organization, as well as being absent from critical meetings and having part of their responsibilities taken away.
  • Evidence of different or inconsistent workplace rules and standards being applied to employees of various ages, such as an older worker accused of a particular wrongdoing being punished more harshly than a younger worker accused of the same wrongdoing, or an older employee receiving an undeservedly lower performance evaluation than a younger employee.

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Our Experienced Employment Attorneys fight for California employees who need aid in attaining justice. We are on the side of industrious people who are denied opportunities owing to unlawful, discriminatory, and unfair employers.

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Asked Any Questions

Employees are protected by federal and state legislation. Employees who believe they have been subjected to workplace sexual harassment or discrimination may consult an employment lawsuit attorney. A lawyer can assess the situation and explain the employee’s choices. In the interim, workers should maintain precise records of any workplace harassment they encounter.

California law guarantees food and rest periods. Employees who believe they are not getting the breaks they are entitled to can see an employment dispute attorney. A lawyer may assess the matter and advise the employee on his or her choices, which may include suing. A potential claimant should read the company’s employment regulations and maintain precise records of their hours worked and breaks taken.

When you are dealing with a legal issue, you need to know that you have a qualified and experienced attorney on your side who will not stop until your case is settled in your favour. At Pacific Attorney Group, you’ll receive precisely that. We know the law and how to make it work for you after more than 70 years of combined expertise.

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