Your Rights Against Age Discrimination | Mann & Elias
Skip links

Your Rights Against Age Discrimination

GET OUR LEGAL EXPERTS IN AGE DISCRIMINATION TO HELP YOU

Believe it or not, you do have rights that protect you from age discrimination. The Age Discrimination in Employment Act of 1967 protects those of a certain age to prevent discrimination and help them get jobs. Age stereotypes within our culture exist, but that doesn’t mean that employers can use these excuses not to hire someone. Someone who has experienced this should hire an employment attorney in Los Angeles.

What Does the Age Discrimination in Employment Act of 1967 Involve?

Based on this law, employers can’t discriminate against people based on age. Anyone over the age of 40 gets protected through this law. During every stage of employment, they get safeguarded from discriminatory practices.

This includes everything, such as:

  • Job advertisements
  • Interviewing
  • Hiring
  • Compensation
  • Discipline
  • Promotion
  • Demotion
  • Job position

Your age discrimination lawyers in Los Angeles will tell you how these laws were designed to protect those in need of work. One of the problems in the past came from how older people weren’t covered, which led to them struggling to get a job. They get treated less favorably, and in some cases, the older workers were even treated disparagingly.

Based on this law, ageism attorneys for the workplace will explain how not only does this protect employers from favoring younger workers, but it also protects discrimination that has occasionally happened among the older workers in general. For example, the employer prefers to hire someone at age 43 rather than hiring someone at 60. They have to remain compliant with the age discrimination laws, or they could face litigation.

Signs That You Need a Lawyer

You may find yourself asking, “Do I need a lawyer for age discrimination?” To understand that, let’s have a look at some different examples of age discrimination. First, you have cases where employers will even advertise for potential employees to join a dynamic and young team of workers. Another example comes from refusing to interview someone simply because they’re too young or too old to do the job correctly. This classifies as age discrimination, and it could be grounds to speak with a Los Angeles age discrimination law firm. Your employee rights law firm will protect you from these harmful practices that favor one person over another simply because of age.

Some of the other examples of age discrimination include:

  • Not employing older workers because they will retire soon.
  • No training opportunities for young or mature employees.
  • Forcing someone to retire because of age.

Not only do these practices go against the law, but they can also harm a business when people apply for jobs. This hurts the community when widespread practices like this exist because if one person suffers, others might too.

Discrimination in Certain Areas

Discrimination happens because of fringe benefits like health insurance, disability benefits, life insurance, pensions, and retirement benefits. You have cases where the employers might be allowed to give lesser benefits if the workers already receive additional benefits. If they obtain them from the government or employers, it helps make up the difference in those cases.

Understanding the State Laws

Most states have laws in place to protect people from age discrimination. While you do have laws that accomplish the same task as what you’d get with federal regulations, you have some states that protect people of younger ages as well. California doesn’t have laws that protect people who are “too young” for the job, but they protect those over the age of 40.

Age Discrimination Still Exists

Just because a law has gotten passed prohibiting age discrimination doesn’t mean that it doesn’t exist. It can and does still happen. Some employers still discriminate against employees because of their age, and when this happens, you need someone who will protect you. Discrimination attorneys specialize in this field to protect you from precisely that.

Unfortunately, many older workers receive fewer callbacks, and older females have especially suffered from this problem when it comes to sales positions and administrative assistant jobs. Studies show older men received fewer callbacks when it came to janitorial work and security jobs. Still, research has shown that females especially suffer from this.

Unlawful Practices

Employers could especially go over the line if they fired someone because of age, pay according to age, enact a policy that negatively impacts older workers, or classify and segregate workers based on age. Any one of these practices could be grounds for a lawsuit that holds its weight in the courts.

How Does Someone File an Age Discrimination Lawsuit?

Anyone who believes that they may have suffered because of age discrimination has 180 days from the date to file a claim with the EEOC. Some states can extend this for up to 300 days, but it depends on the form. Job applicants who suffered age discrimination will have up to 45 days to file a claim. To take action, you will have to visit the EEOC public portal, and you will submit an inquiry or file an appointment at the EEOC office.

You need to consult with a lawyer because they can help you determine if you were the subject of cruel age discrimination practices by an employer. They will examine the evidence to decide what type of case you would have against the organization for its role in this. That can make a big difference in whether you receive compensation or not.

    REQUEST A FREE CONSULTATION

    This website uses cookies to improve your web experience.
    Call| Text |