Your Rights Against Age Discrimination | Mann & Elias
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Your Rights Against Age Discrimination


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 to not 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 protected.

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 protected, and this 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. To give an example, the employer prefers to hire someone at age 43, rather than hiring someone at the age of 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 it can also harm a business when people apply for jobs. This hurts the community when widespread practices like this exist because of how if one person suffers, many others will hurt too.

Discrimination in Certain Areas

In some cases, discrimination happens because of fringe benefits like health insurance, disability benefits, life insurance, pensions and retirement benefits. You do have cases where the employers might be allowed to give lesser benefits if the workers already receive additional benefits. This happens if they receive them from the government or from employers, which helps to 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 basically accomplish the same task as what you’d get with federal laws, 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 do protect those who are over the age of 40.

Age Discrimination Still Exists

Just because a law has been 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 exactly that.

Unfortunately, a lot of the older workers receive fewer callbacks, and older females have especially suffered from this problem when it comes to sales positions and administrative assistant jobs. For the older men, they 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

For anyone who believes that they may have suffered because of age discrimination, they have 180 days from the date to file a claim with the EEOC. In some states, they can extend this for up to 300 days, but it depends on the state. As a job applicant who suffered age discrimination, they will have up to 45 days 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.


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