A Los Angeles resident who is over 40-years-old probably gets even more stressed out about the possibility of a layoff or other termination than would a younger employee simply because, despite the laws preventing age discrimination, it can be harder for an older worker to find another job after being let go. Nevertheless, when faced with a pink slip and handed a severance agreement, many employees over 40 years of age will wind up signing the document, even it means giving up their right to sue their former employers.
Warning signs of age discrimination
A previous post on this blog mentioned briefly that age discrimination claims can be hard to prove. After all, an employer rarely come out an say up front that a Los Angeles resident is getting fired or laid off because of his or her age, especially since most employers know that doing so is illegal and can lead to having to pay damages, including back pay and attorney's fees.
Ousted after years of service; we may have options
A Los Angeles resident can put in years or even decades of service to a company only to one morning get called in the management's office and be told that their services are simply no longer needed. Some get a severance agreement and package, but others may not be so lucky. These unexpected and abrupt changes in life clearly carry an enormous amount of stress. But it's important to try to keep a level head and approach the situation with a clear mind; there may be legal recourse.
Older workers are protected from age discrimination
Employees over the age of 40 are protected from employment discrimination on the basis of age. Workers are protected under The Age Discrimination in Employment Act of 1967 (ADEA). The ADEA protects employees and job applicants. Generally, it is unlawful to discriminate against an employee or job applicant in regards to any term, condition or privilege of employment. Employees and job applicants cannot be discriminated against based on age related to hiring, firing, promotions, layoffs, compensation benefits, job assignments and training.
What protections are there against age discrimination?
Both federal and state laws provide protections that prevent employers from discriminating against employers on the basis of age. The Age Discrimination Employment Act or ADEA provides protections that prohibit employers from discriminating against applicants that are 40-years-old or older on the basis of age. The ADEA applies to different situations and stages of the employment process, such as the application process, job advertisements, apprenticeship programs, hiring and firing.
What is the Equal Employment Opportunity Commission
If you have suffered age discrimination or other types of discrimination in the workplace, you may wonder what options are available to you. You might have heard of the Equal Employment Opportunity Commission or EEOC but have wondered what it is and what it does. The EEOC is responsible for enforcing federal laws that prohibit discrimination against either an employee or job applicant based on the party's race, color, national origin, religion, sex, which includes pregnancy, gender identity and sexual orientation, age, which is those 40 or older, disability or genetic information.
We stand up for the rights of aging workers
A recent post on this blog discussed a recent flurry in age discrimination lawsuits in the Silicon Valley, a place known to many Los Angeles residents as the home of high-paying jobs and laid-back company culture. It stands to reason, though, that even California companies with a good reputation might not be able to resist the temptation to let go of "aging" workers, that is, those who are over 40.
Supreme Court affirms $16 million age discrimination verdict
The California Supreme Court recently delivered extremely good news to a former employee of the Staples office supply store in La Mirada. The court denied the petition for review by Staples of an appellate court order affirming a $16 million verdict in the employee's favor.
Time limits for making an age discrimination complaint
Workers in California enjoy many protections when it comes to securing their employment. For example, California's Fair Employment and Housing Act makes it illegal to discriminate regarding employment based on the following factors: race, sex, religion, creed, marital status, sexual orientation, gender and age, among others.
Is there an overarching law prohibiting age discrimination?
With retirement a challenge for many in California, more and more workers may be remaining on the job indefinitely. Consequently, age discrimination is a serious concern in today's uncertain economy. There are key laws related to age discrimination in the modern workplace. These may be of interest to those who are unfamiliar with the topic or believe they may have been a victim of this type of damaging discrimination.
