For many employees in Los Angeles, the announcement of an impending layoff may be a lot like someone announcing the arrival of a major hurricane or that a commercial airliner is going to crash. At a certain point, a worker has to accept it as inevitable and hope that his or her position survives the layoff.
The federal Age Discrimination Enforcement Act, or ADEA, went in to effect 50 years ago in 1968. This federal law protects workers in Los Angeles and across the country form age discrimination, including things like being overlooked for new positions because of one's age and unfair terminations or even targeted layoffs that are designed to weed out older, and supposedly more expensive, workers from a company.
A previous post on this blog talked about how a major international company recently found itself in legal hot water because of its recent layoffs. Specifically, former employees over 40 have alleged the company engaged in age discrimination by systemically weeding out older employees via layoffs while actively recruiting younger employees.
IBM, a technology company known at one point in time as "Big Blue" and as a manufacturer of personal computers, has had to trim its work force as the marketplace gets more competitive. While layoffs are a natural part of a business's life cycle, in this case, some are accusing the nationally known company of using their layoffs as a way to weed out older workers, which is a form of age discrimination.
The term segregation conjures up some very distasteful aspects of societal history but can also apply to the current workplace. The term refers to the practice of an employer keeping certain groups of employees apart on the basis of age or on some other prohibited grounds, including race, gender and the like. The term also refers to the practice of employers keeping certain groups away from the public eye or outside of the view of customers for unlawful reasons.
A previous post on this blog reminded our Los Angeles, California, readers that, with very exceptions, employers in this state may not impose mandatory retirement on employees once they reach a certain age. In fact, employers generally have to respect an employee's decision when he or she indicates that he or she has no immediate plans to retire.
Although most Los Angeles, California, employees will no doubt get to the point where they will want to or even need to retire from their jobs, they have the right not to have their employers constantly bother them about the subject.
In a story that garnered national media attention, a hospital in another state has agreed to pay $400,000 that will go to almost 30 of their former employees, which include nurses and other medical professionals.
While a previous post discussed the warning signs of age discrimination, the first time some employees over 40 in Los Angeles, California, might realize something is amiss is when they get handed a pink slip along with what seems to them like a flimsy excuse for being fired or laid off.
As this blog has discussed on previous occasions, most Los Angeles, California, employees who are over the age of 40 enjoy special protections under both federal and state law. These protections, collectively, prohibit employers from engaging in age discrimination, which involves firing someone or taking other adverse actions simply because they are older.