Why Understanding the Exceptions to This Rule Matters
As an employee, you are probably familiar with federal and state laws that protect you against age discrimination. The Age Discrimination in Employment Act (ADEA) has been in place for over five decades to protect private employees. Because of its strict nature, states like California have enacted new policies.
If you feel that your working conditions have worsened because of ageism, you may need an attorney for age discrimination in LA. Read on to learn about four exceptions that might make it harder for you to win your case.
Small Businesses Are an Exception To ADEA
Any employment attorney in Los Angeles would tell you that the ADEA does not apply to organizations or businesses with less than 20 employees.
In most lawsuits, courts refer to ADEA to explain California’s Fair Employment and Housing Act, which applies to employers with at least five employees. Although both statutes are similar, the courts are likely to refer to the law that offers the most protection to an employee.
Small businesses might be an exception to age discrimination per ADEA’s policy, by FEHA offers more protection for older Californians.
Bona Fide Occupational Qualifications
Employers might incorporate an age requirement for bona fide reasons. In certain professions, employees must be within a certain age to do the job correctly. Any outliers working outside that age range may jeopardize the safety of others. Airline pilots are one of many examples of restrictive job openings. Firefighters also have an age requirement, as putting out fires and ensuring public safety requires physical ability to carry out the job.
Before going to court, an age discrimination lawyer in LA will assess whether the policy seems reasonable and is integral to the business. For companies to have a successful case, they need to show that all employees over a certain age lack the skills with supporting evidence, studies, and expert analysis.
What Is a Seniority System?
Bona fide seniority systems are “valid” if it doesn’t violate the ADEA. These systems usually favor older workers when determining benefits and wages. An attorney for ageism in LA would suggest filing a report if your employer is withholding wages or withholding a bonus because of your age. If you have noticed discrepancies in pay or wages, keep a documented log of the changes. It will be necessary should you need to show HR or pursue legal action later.
Executive or High Policy Retirement Ages
According to the ADEA, a company can force upper management to retire at 65 years old if they provide a $44,000 annual pension after retirement. That might not seem like a terrible way to exit the company, but it shouldn’t be mistaken for forced resignations. Employers don’t always act fair and may create intolerable working conditions to get you to step down earlier than you intended. Forced resignations are forms of wrongful termination that most older workers go through when their company is undergoing changes.
What Happens After Filing a Lawsuit?
When an employee files a claim regarding age discrimination, an employer may insinuate that the company’s actions were within one of the exceptions listed above. Even if so, you have the right to speak up if your career and livelihood got impacted. Reach out to our qualified age discrimination attorneys for the workplace from Mann & Elias for a consultation. We have won over $700,000 in restitution for age discrimination for our clients.
About Mann & Elias
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.