Employees Over the Age of 40: Know Your Rights

It is widely understood that discrimination in the workplace is against the law - both employers and employees know that you cannot discriminate against employees on the basis of their race, ethnicity, religion, or gender. However, most people are unaware that employers cannot discriminate against employees on the basis of race. As a result, age discrimination is one of the most overlooked types of discrimination. Age discrimination, therefore, often goes unnoticed and unchallenged. This is simply unacceptable for any Los Angeles age discrimination lawyer who strives to protect the rights of our workers.

How Does the Law Define Age Discrimination?

Discriminating against employees who are 40 years of age or older is prohibited by both federal and California state law. This includes discrimination on the basis of age in any aspect of employment including the following:

• Termination
• Promotion
• Job assignments
• Training
• Benefits
• Pay
• Layoffs

To put it another way, it is against the law to treat any employee 40 years of age or older less favorably solely on the basis of their age. For example, a clothing retailer cannot refuse to hire 45-year-old sales representatives because they wish to promote a youthful atmosphere to attract a younger clientele. Employees who believe they have been treated unfairly due to being 40 or older should contact a Los Angeles age discrimination lawyer as soon as possible.

Age-Based Harassment

Harassment entails the creation of a hostile work environment that is the result of a pattern of abusive, hostile, or intimidating behavior directed toward a member or members of a protected class. Under both federal and state law, it is against the law to harass anyone on the basis of their race, gender, and other characteristics such as disability, pregnancy, or age.

To be clear, harassment must entail pervasive, consistent behavior - a handful of isolated incidents are insufficient to prove harassment. The harassment must be systematic to the point where the employee feels that they are unable to perform their job to the best of their ability.

Age-related harassment is often tolerated because it is believed to be harmless. The unfortunate reality is that it can cause poor job performance as a result of increased stress and anxiety. You should contact a Los Angeles age discrimination lawyer if you regularly experience any of the following:

• Jokes or mockery related to your age or similarly aged employees
• Displaying signs or items that are derogatory toward older employees
• Intimidating or threatening behavior that is directed toward older employees
• Remarks or comments indicating a preference for younger employees
• Statements that reflect age-based stereotypes

For example, you may have a harassment claim if you have to constantly endure comments from your supervisor concerning your ability to perform your job due to your age, regardless of whether they are intended as a joke or are actually malicious.

Unintentional Age-Based Discrimination

Many employees who have suffered age-based discrimination think they do not have a claim because the discrimination was unintentional. This is not the case. The law prohibits age-based discrimination that is unintentional if it has a disparate impact on employees over the age of 40.

For example, an employer who is facing a downturn in their business may decide to lay off higher-salaried employees. Because experience and length of time with the company play a significant role in compensation, the layoff has a disparate impact on employees over the age of 40. The layoff is age-neutral on its face but results in far more employees being laid off who are over the age of 40 versus those who are younger.

The employees who were over the age of 40 and laid off may have an age discrimination claim. Furthermore, they do not need to prove that their employer’s intentions were discriminatory, only that it had a disparate impact on older employees.

The Challenges of Age Discrimination Claims

Age discrimination can be difficult to identify for a variety of reasons, particularly in cases where age-neutral practices or policies have a disparate impact. This is because employers are often able to demonstrate a legitimate business purpose for the practice or policy despite knowing that it will adversely affect a disproportionate number of older employees. Cases involving age discrimination are complex and require careful analysis. The best thing to do is to trust your instincts and seek guidance from an experienced Los Angeles age discrimination lawyer.