What You Need to Know About Age Discrimination
Age discrimination is unfortunately becoming more prevalent in society. Age discrimination is defined as negative treatment toward an employee due to their age. In recent years, there has been blatant ageism toward employees over the age of 50. Why? Employers may be looking for knowledgeable talent to keep up with the latest, most current technological trends. With constant shifts in how companies are operating online, a higher percentage of people are discriminating and pursuing a younger workforce. Age discrimination can happen across any company or business, regardless of seniority.
Signs of Age Discrimination In The Workplace
Ageism is a broader term that classifies prejudicial attitudes, age discrimination and practices that perpetuate stereotypes. According to the World Health Organization, there are about 600 million people who are currently 60 years old, and older. With negative, ageist attitudes taking a hold of how people think there may be serious consequences for older people. There are a few signs to look out for that can help your case if you are looking to pursue legal action from a discrimination lawyer in Los Angeles.
- You notice older workers are getting replaced by younger employees
- Most older workers are getting fired or offered buyouts
- Your job has been changed to unpleasant responsibilities
- Overhear ageist comments
- A halt in raises
- Poor performance reviews
- Written records that suggest age discrimination
The most common example of age discrimination are performance reviews. When the company has a change in leadership, the new CEO may decide to single out long term employees. Look out for immediate shifts in your performance review that indicate your job is at risk. There are countless excuses that can be made to rid the business of older workers, but documenting the changes and reviews is a helpful tool. The way age discrimination is determined can vary by state.
The Laws That Protect You From Age Discrimination
The Age Discrimination In Employment Act of 1967 protects you from getting treated unfairly, or fired from your job because of your age. This law keeps employers from targeting and violating this legislation. This Age Discrimination Act keeps employers from using age as one of the criteria to judge their employees on. Anyone over the age of 40-years-old is subject to experiencing this.
In the state of California, employers are also protected against ageism by two laws:
- The federal Age Discrimination in Employment Act (ADEA)
- California’s Fair Employment and Housing Act
Each over a certain amount of protection for employers and employees, although courts assess both laws when reaching a verdict on your case. In California, the Fair Employment and Housing Act (FEHA) offers more protection of employee rights to protect older workers. Under FEHA, to prove discrimination victims must show they were aged 40 or older, affected by an employment action and prove it was based on age.
What Kind Of Compensation Might You Receive For This Wrongful Treatment?
You are entitled to receive a range of compensation if you choose to file a lawsuit with a Los Angeles workplace lawyer. Additional indications that will help your case include:
- Amount of pain and suffering: There is a lot of emotional distress associated with age discrimination. It may not be easy to prove but losing a job can be a financial burden.
- Legal fees: If you pursue legal action against your employer and win, getting what is owned to you might include having them pay your legal fees, which can be costly.
- Losing Benefits: A job is a lot more than just a salary. Immediate job loss means loss of benefits and insurance.
- Lost wages: The most important thing that to regain from an age discrimination lawsuit is your lost wages. Depending on the severity of the actions taken against you, maximum compensation may include all lost wages.
How Filing an Age Discrimination Case Can Harm Your Career
Mann & Elias law firm has successfully won $360,000 in an age discrimination case. However, if you are not represented by a strong legal team, you can put your career at risk. Employers, who view applicants that have sued based on age-discrimination may be avoided or regarded as a high-risk employee. You may be unaware of the consequences, but it is of your best interest to consult with a lawyer first to discuss options, before building a strong case against your employer as you see fit.
Now that you are aware of benefits that can come from winning an age discrimination case, feel free to do further research to determine best representation. Take time to ask about anti-discrimination laws and rules where you live, as it can impact the case. Finding a dedicated, experienced lawyer with a high success rate is crucial part of proving age discrimination.