Experienced Age Discrimination Lawyer in Los Angeles
In the U.S., older Americans are starting to delay their retirement. In turn, companies have developed a way of thinking that having a younger workforce will boost success and productivity.
By 2022, nearly 40% of all workers will be 50 years old, or older according to the AARP. So, what might this mean for you? For years, age-based discrimination has been on the rise, but employees haven’t been reporting them. As a result, it hasn’t been getting as much recognition compared to other concerns addressed by the Equal Employment Opportunity Commission like:
- Racial Discrimination: 22,064
- Sexual Harassment: 21,398
- Retaliation – All Statutes: 37,632
- Disability Discrimination: 24,324
Over the years, age discrimination decreased from nearly 17,000 in 2018 to 14,183 in 2020. That might mean fewer employees are inclined to speak up, or the company itself makes it challenging to report instances of discrimination or harassment. If you’re asking: do I need a lawyer for age discrimination in Los Angeles, chances are you do and should retain professional legal services.
Common Phrases or Comments from Ageist Employers
Employees without a safe outlet to address employment concerns often leave their jobs instead of filing a report. Exiting your role can hurt your chances and make it harder for a LA workplace attorney to take legal action later. According to ProPublica and the Urban Institute, a few biased comments that often get addressed about older workers are:
- “They can’t handle the job’s demands.”
- “Retraining is too difficult and challenging to manage.”
- “Older workers cost too much money in benefits and salary.”
- “The risk of employment discrimination claims is higher among older employees.”
If you notice upper management is treating you differently, you might be able to prove disparate treatment. A disparate treatment claim is a way to establish that your role differs from other employees of the same status. Under federal and state law, it is illegal for an employer to treat you differently per protected characteristics.
Ageist Hiring
Under the Age Discrimination in Employment Act in California, it is illegal to discriminate against applicants or workers over 40 years old. Any age discrimination attorney in LA would explain you should not get denied a job for being older, nor should you be disapproved for a promotion, fired without cause, among other employment decisions.
In 2021, U.S. companies are pushing to hire more talent. The EEOC recommends employers follow the following strategies to avoid the risk of age discrimination lawsuits:
- Assess your company culture and policies that make prejudiced statements about older employees.
- Examine your recruitment process. Your communications should highlight an honest, diverse workplace; flag age-specific information online and on job applications.
- Make age a part of your company’s diversity and inclusion strategy and plan.
- Establish a workplace free of stereotypes to avoid discrimination regarding disability, race, national origin, sex, and religion.
Can Businesses Refuse You Based on Age?
No – an employment attorney in Los Angeles would inform you that businesses cannot refuse to hire you because you’re an older applicant. It is not illegal for employers to ask applicants about their age or date of birth during an interview or an application. It’s not illegal for them to tell you that you are “overqualified” either.
Employers may be hesitant to hire because older workers have a higher flight risk, like retirement or pursuing other opportunities. We urge you not to act based on assumptions and miscommunication. If you suspect an employer refused to hire you, discuss it with a LA lawyer for age discrimination first. In these situations, it can be harmful to act without a strategy.
Contact A Discrimination Lawyer at Mann & Elias Today!
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems.
When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we believe our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.