It is a violation of federal and California law for an employer to discriminate against any employee who is a member of a protected class. Protected classes include race, religion, pregnancy and age, among many others. The legal prohibitions against age discrimination include the Age Discrimination in Employment Act, which prevents discrimination against applicants and employees who are age 40 and older.
As stated above, the act prohibits discrimination against older workers during the application and hiring process, as well as in promotion and termination decisions. Additionally, job advertisements cannot include an age qualification unless it is a bona fide qualification based on business need. Other protections include prohibitions on requiring older workers to take early retirement or displaying unfavorable treatment towards older workers during reduction in force actions. Finally, insurance benefits cannot be taken away from workers because of their age.
Legal claims based on age discrimination can be difficult to prove. An employee must be able to show that a negative action was taken against him or her as a result of age. This can be proven through the use of available evidence, although it is often not present. If a younger worker replaces the worker, however, the case may be stronger.
The Law Offices of Allan A. Sigel, P.C., provide experienced, strategic legal support to clients who believe that they have been discriminated against based on age. We display a commitment to fighting back against unlawful employment practices and advocating for employee rights, including the right to fair treatment in the workplace, despite an employee's age.