An increase in older people working has been sometimes followed by an increase in age discrimination. Employers may sometimes show a bias against people 40 years or older (or the applicable age given your area). Fortunately, workers in California and throughout the United States can be protected against age discrimination. Federal legislation prohibits it, but most states also have their own statutes addressing it. Unfortunately, proving age discrimination can be difficult.
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our employment law lawyer based in Los Angeles is dedicated to helping clients who have experienced age discrimination. If you think an employer has discriminated against you based on your age, contact us at (310) 900-0809 to schedule a Free Case Evaluation.
What Constitutes Age Discrimination?
Age discrimination can occur when a person receives unfair treatment due to their age as an employee or as a job applicant. The Age Discrimination in Employment Act (ADEA) is a federal law designed to protect some persons who are 40 years of age or older (or the applicable age given your area). The employer or person acting on behalf of the employer (e.g., a supervisor, manager, or human resources personnel) can be 40 years old or older, too – the employer's age does not matter.
Are all Employers Subject to ADEA?
Some employers are subject to ADEA such as companies with a certain number of employees.
Examples of Age Discrimination in California
Age discrimination can take different forms. Sometimes the discrimination is overt, while other times it is disguised as something else. Following are some examples of age discrimination.
Loss of Promotion Due to Age
Sometimes what happens when age discrimination is at play is a younger, less qualified employer will get a promotion. Meanwhile, the more qualified but older employee is passed over for the promotion.
Unequal Pay
Employers discourage employees from discussing their salaries, but word can get around, especially when certain people are getting raises or promotions and others are not. If you have a coworker in the same role as you with similar experience but who is paid more, it could indicate discrimination.
How Do You Prove Age Discrimination in California?
As mentioned, proving age discrimination can be a daunting task, but it is achievable. To have a prima facie case of age discrimination, an employee must establish that:
- They are within the protected age class
- Their job performance is satisfactory
- Adverse job action was taken against them (e.g., termination, demotion, or a pay cut)
- A similarly situated and substantially younger employee was treated more favorably
But proving the case does not end by satisfying these four elements. The employer may challenge any legal action and claim a legitimate, nondiscriminatory reason. In this scenario, the employee must then prove that the employer's proffered reason is simply a pretext and that age discrimination remains the real reason.
Employee Training
All employees, even those in positions of leadership, can benefit from training on what age-based discrimination is and how to avoid it. Without this type of training, employees may participate in age-based discrimination and not even be aware of what they are doing. Proper training should include examples of age-based discrimination and alternative ways to approach situations.
Performance-Based Reward System
Employee rewards should be based on the actual work of employees and in a way that is able to be easily measured. When rewards are determined based on arbitrary measures, it is easy for there to be discrimination, even if it is unintentional. Also, if an employer is accused of age discrimination, being able to show that the rewards are based on an actual, measurable performance-based system will help to show that they are not being discriminatory.
Contact an Employment Law Attorney in Los Angeles Today
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our employment law attorney in Los Angeles, along with our team, can help. Contact us today by using our online form or calling us at (310) 900-0809 to schedule a Free Case Evaluation.