Age Discrimination at Work

Age discrimination in the workplace is illegal, and unfairly targets employees, particularly those aged 40 and older. It stems from biases or stereotypes about older workers’ capabilities, often sidelining their experience and impacting their professional lives.

What is Age Discrimination at Work

Age discrimination occurs when an employer treats an individual unfairly due to their age, typically affecting workers 40 and above. This bias can influence decisions about hiring, promotions, pay, or job responsibilities. It often arises from misconceptions, such as, viewing older employees as less adaptable or tech-savvy, despite their proven qualifications and contributions.

Examples of Age Discrimination at Work

Age discrimination manifests in various ways, each undermining workplace fairness. Examples include, but are not limited to:

• Hiring Bias: Favoring younger applicants over qualified older candidates.
• Promotion Denials: Overlooking older employees for advancement opportunities.
• Unequal Pay or Benefits: Reducing compensation or perks based on age.
• Harassment: Subjecting workers to age-related taunts, such as “too old to keep up.”
• Forced Retirement: Pressuring older employees to exit the workforce prematurely.

Laws Protecting Your Rights at Work

Federal Protections

• Age Discrimination in Employment Act (ADEA): Applies to employers with 15 or more employees. It prohibits discrimination against workers 40 and older in employment decisions and bans retaliation for reporting age bias.

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees, aligning with the ADEA but extending to smaller workplaces, unions, and employment agencies. It ensures equal treatment without preference for youth.

How to Protect Yourself if You Experience Age Discrimination at Work

If you suspect age discrimination, act decisively with these steps:

1. Document All Incidents: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
4. File a Formal Complaint: Reach out to the California Civil Rights Department (CRD) within 3 years or the EEOC within 300 days for federal claims. An attorney can help you with filing these claims. An attorney can help you with filing these claims.
5. Consult an Attorney: An experienced attorney can guide you in building a case and pursuing justice.

Taking these steps promptly can safeguard your rights and strengthen your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.