It is common knowledge that age discrimination is not legal, yet many unemployed over the age of 40 can tell you that it is still a problem in the workplace. The Federal Age Discrimination in Employment Act aims to protect people over the age of 40 and make sure that they are not treated differently than anyone else.
The act clearly states:
It shall be unlawful for an employer:
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
Of course, it’s important to also recognize that just because you are over 40 and you have been let go from a company does not automatically mean that you were discriminated against based on your age. Often times salary range plays a big part in layoff. When a company needs to lay people off in order save money they may target the employees that make the most amount of money. Salary range and experience are closely related, and time and experience are closely related as well. Companies need to proceed with caution when selecting candidates for lay off.
One of the most common issues, and actually the more evident violation, is when someone is passed over for a promotion based on their age. This will usually be obvious because the person chosen will be much younger and much less experienced.
Labor law is complex; if you have experienced any of these scenarios or have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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