Who Is Protected from Age Discrimination in the Workplace?

As the workforce continues to age, it becomes increasingly important for employees to understand their rights, especially concerning age discrimination. For many, the professional journey extends well into their forties and beyond, a critical period when issues of age bias may arise. Age discrimination is a prevalent workplace issue, and it can be effectively addressed with the guidance of a seasoned attorney. At Minnis & Smallets LLP, we are committed to empowering our clients with the knowledge they need to navigate these challenges.

Understanding California’s Age Discrimination Laws

California is at the forefront of protecting employees from age discrimination, providing comprehensive legal frameworks to uphold the rights of its workforce. Under the Fair Employment and Housing Act (FEHA), age discrimination against individuals aged 40 or older is strictly prohibited. This law mandates that employers cannot make employment decisions based on age. Additionally, federal protections under the Older Workers Benefit Protection Act offer further safeguards, provide older employees with adequate time to review and, if necessary, revoke any agreement that waives their rights.

Protections for Employees Aged 40 or Older

Employees who are aged 40 or above are entitled to significant protections under the law. It is unlawful for employers to engage in practices such as demoting, refusing to hire or terminating an individual solely based on their age. Furthermore, these laws extend to ensure that age is not a factor in denying an employee opportunities for training, promotion, compensation or other job-related benefits. By securing these rights, the law seeks to promote a workplace environment where experience and skill are valued over age.

Unlawful Employer Actions

Despite these protections, age discrimination can manifest in subtle and overt ways within the workplace. Employers may unlawfully encourage older workers to retire. In some cases, older employees may face teasing or derogatory comments about their age, creating a hostile work environment. Moreover, when hiring, some employers might favor younger candidates over equally qualified older ones, a clear violation of anti-discrimination laws.

Common Examples of Age Discrimination at Work

Examples of age discrimination can vary, but common scenarios include being passed over for promotions in favor of younger colleagues, facing layoffs disproportionately affecting older employees, or enduring age-related jokes and comments that create an uncomfortable work atmosphere. These practices not only undermine the dignity of the affected employees but also contravene established legal statutes meant to protect them.

How an Attorney Can Assist

Experiencing age discrimination can be daunting, but employees do not have to face it alone. An experienced attorney from Minnis & Smallets LLP can be an invaluable ally. Our attorneys will begin by thoroughly reviewing the situation to determine whether the employee’s rights have been violated. We guide clients through the process of filing a complaint with the relevant authorities, such as the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). From negotiating settlements to representing the employee in court, we provide steadfast support every step of the way.

Contact Our Attorneys

Age should never be a barrier to career growth or job security. Employees who believe they have been discriminated against on their age should seek the assistance of a knowledgeable legal professional. At Minnis & Smallets LLP, we are dedicated to advocating for our clients’ rights. Contact us today to explore legal options.