Age Discrimination

As stated by the United States Equal Employment Opportunity Commission: If you are age 40 or older, you are protected by the Age Discrimination in Employment Act (ADEA).  The law forbids discrimination in any aspect of employment including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.  It is also unlawful to harass someone because of his or her age.

Age Discrimination and Harassment can take many include offensive remarks about a person’s age.  Although the law doesn’t protect you from simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).  The harasser and perpetrator of age discrimination can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Age, is the product of the workings of nature rather than the individual’s free choice.  Once one turns 40 years old, they attain a permanent status that is as immutable as race or sex.  Age discrimination attacks one’s self worth just like race or sex discrimination.  Age discrimination, also known as Ageism is the stereotyping and discrimination against people just because of their age.   There are many examples of age discrimination but some include: (1) jokes or unwanted comments on the basis of age; (2) lower pay for the same work; (3) hiring someone else just because they are younger; (4) requiring the older employees to handle the undesirable or humiliating tasks; or (4) layoffs of the older employees and not the younger employees.

California Law as well as Federal Law prohibits age discrimination.

What if your working conditions are intolerable?

Sometimes, the age discrimination at your place of employment is so intolerable there is no reasonable alternative than quitting.  The conditions must be so severe and pervasive that a reasonable person would think they have no other alternative.  While you should report the conditions in compliance with your employer’s reporting procedure, in writing, if possible, you should contact Freiman Law as soon as possible to determine your rights.  There are statutory time bars to claims.  You should not fear retaliation as the law protects employees from retaliation.

Contact Freiman Law to explore your rights.

At Freiman Law, we provide a free consultation and case evaluation so there is no reason not to speak with us.  An age discrimination attorney will personally listen to your story and advise you on the proper course of action.  An employment policy or practice that applies to everyone, regardless of age, can be illegal and constitute age discrimination if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age.  Freiman Law can assist you with all aspects of an age discrimination claim.  Contact us today at (310) 917-1024 or via the form on the right for a free consultation and complimentary case evaluation.

By Lawrence Freiman