Some people think that a lengthy resume with years of work experience is an asset. Unfortunately, some employers see an older worker as a bad thing. Many Californians have been fired, passed over for promotion or not hired in the first place because they were supposedly “too old.”
If this ever happens to you, you have rights. Employment discrimination for people age 40 and above is against the law, both at the state and federal levels. Victims have the right to litigate against offending employers for compensation.
The Age Discrimination in Employment Act makes it illegal not to treat employees and job applicants fairly, simply because they are 40 or above. Besides hiring and firing decisions, possible forms of discrimination include they way the employer compensates the employee or sets the terms of employment.
Readers should be aware that, under the law, people who are not hired for a job because they are “too young” are not considered to be victims of age discrimination. Also, some jobs have permissible age limits due to regulations, such as for pilots.
At the state level, the California Fair Employment and Housing Act similarly protects workers in their 40s and older from discrimination. This law applies to employers with at least five employees.
The process of filing an age discrimination claim can be complicated. For one thing, it can be challenging to gather evidence against the employer. An experienced employment law attorney knows how to uncover discriminatory hiring practices and make the wrongdoers pay for their conduct.