Age discrimination is all too common in the workforce. It primarily affects employees over the age of 40 who start experiencing unfair treatment due to age. Some businesses discriminate against older employees because the company wants to bring in someone younger at a lower salary. Fortunately, we have experienced attorneys who can enforce your rights by applying tough state and federal laws that protect against age discrimination.
Federal Laws that protect your rights
The Age Discrimination in Employment Act (ADEA) was passed in 1967 and applies to companies with 15 or more employees. Under this law, employers can’t discriminate against workers over the age of 40 in the terms and conditions of employment as well as in job descriptions.
Older Workers Benefit Protection Act requires that employers treat older and younger employees equally in both the scope and amount of benefits. It is illegal for employers to spend less on benefits for older workers or provide less coverage than younger workers.
How California extends your protection against age discrimination.
Our state’s Fair Housing and Employment Act (FEHA) prohibits age discrimination for workers over the age of 40 in all areas of employment, but, unlike the ADEA, expands to include employers with five or more full-time or part-time workers.
Common age discrimination tactics to watch out for
Replacing an older employee with a younger person
If you’re over 40 and can prove you were let go or moved aside simply to hire or promote a younger employee, you could have a strong case for age discrimination.
Early retirement options
They may sound good, but they’re not always legit or legal. If you’re over 40 and your company has proposed this, it’s smart to consult with an attorney before accepting. Your employer could be in violation of federal and state age discrimination laws.
Unfair wage determinations
A company can be held liable for age discrimination if it attempts to replace an older worker with seniority and higher pay with a younger worker with less seniority at a lower salary.
If you feel you’re a victim of age discrimination at work, contact Schwimer Weinstein. One of our experienced employment attorneys will advise you on what legal remedies are possible.
We can help. Contact Schwimer Weinstein for a free, no-obligation consultation.