Federal and state laws prohibit age discrimination in the workplace. Older workers over the age of 40 are protected under the Age Discrimination Employment Act and California’s Fair Employment and Housing Act, both of which make it illegal on the part of any employer to subject an older employee to harassment or discrimination based on his or her age.
Some examples of this may include being passed over for a promotion, getting paid less than colleagues for the same amount of work, a reduction in salary or duties in your current position of employment, and termination from your job due to your age.
Harassment from supervisors or co-workers in the form of derogatory ageist statements or jokes are also prohibited. Such comments could constitute a violation of the law.
Additionally, the Equal Employment Opportunity Commission enforces the law against any employer refusing to hire applicants over the age of 40 in favor of younger employees for no other reason but their age.
If you have experienced any of the above or other age-related behaviors in which you felt humiliated at your job or resulted in your being phased out of the position and find yourself out of work as a result, you may be able to file an age discrimination lawsuit against your employer.
But never take on an employer alone. It’s important that you speak with a highly-skilled age discrimination lawyer who has the expertise, experience, and resources to fight for your rights and win. The Law Firm of Fahim Rahman has been defending victims of age discrimination from employers who willfully violate age discrimination laws and deny good, hard-working people over 40 the ability to enjoy a work environment free from harassment, mistreatment, and bias.Examples of Age Discrimination in the Workplace
Biased Hiring Decisions
An employer who chooses a younger applicant over an older one may be in violation of the law. Employers may do this because they want to maintain a so-called “youthful culture” in the organization or have a biased outlook on older workers as being out of touch, uncomfortable with modern technology or more difficult to train efficiently. These views are discriminatory towards older workers and prospective employees over the age of 40.
Treating Older Workers Differently
Someone’s age shouldn’t make them less valuable in the eyes of an employer. Yet this often happens with older workers who “age out” of their position of employment due to the employer reducing their hours, failing to include them in meetings and other facets of the workplace where their presence was once necessary, getting passed over for promotions in favor of younger less skilled colleagues, denied raises or employee benefits, and becoming severely limited in their ability to grow in the organization.
Receiving Derogatory Comments
Inappropriate jokes, humilating comments, and other ageist references directed at an older worker are prohibited by anyone in the organization. An employer might make a derogatory comment about an older worker making a mistake by saying he or she forgot to “take their Geritol this morning” or excusing them as “having a senior moment”.
Supervisors, managers, or co-workers making such comments or jokes at the expense of an older employee by poking fun at their age or level of employment due to age-related circumstances are all prohibited under the law.
Retaliation for Reporting Age Discrimination in Employment
Older employees who have been subject to age discrimination in the workplace may first attempt to report their experiences to the company’s Human Resources department. Once they file a report, they may start to experience retaliation on the part of the individual or individuals who were named in the report. A reduction in hours, duties, compensation, a loss of benefits, or other adverse behavior towards the employee is considered retaliation and is prohibited by law.
Employers Asking the Age of Prospective Employees
Any employer may ask an applicant about his or her age. That is not prohibited under state or federal age discrimination laws, however, the reason or circumstances under which an employer asks such a question must be done in a way that avoids any pretense of employment discrimination.
Older workers applying for a job with an organization asking about age may feel uncomfortable discussing the topic because they might fear it could prevent them from getting hired or limit their abilities within the company if they do get the job.
Have You Been the Victim of Age Discrimination?
If you have experienced any of the above examples of harassment or discrimination, you may be able to file an age discrimination claim. Legal remedies are in place to protect employees who have been discriminated against in the workplace.
Our team of age discrimination lawyers can help you recover damages to which you are entitled as a result of being treated unfairly by an employer or co-workers due to your age. But you need to act fast, the law limits the time you have to protect your rights.
Call the Law Firm of Fahim Rahman for a free consultation to discuss how age discrimination in the workplace has impacted your ability to pursue a career in your chosen field. State and federal laws protect older employees who have been victims of discriminatory behavior in the hiring process and in the place of employment.
If you have tried to report these behaviors to upper management or you feel uncomfortable reporting what you have experience to HR because they are the same individuals who have been commiting these violations of the law, your only recourse may be to speak with an age discrimination attorney to protect your rights under the law.
Give us a call, and our employment discrimination attorney can advise you on whether you have an age discrimination case and which steps to take next in defending your rights. You don’t have to go it alone, call us today.