One fact of life in California is that people will grow older. There is nothing that people can do about it. Most people would love to retire early and enjoy their later years without having to work, but that is not always a reality. Also, with the average length of life growing, retirement age may be getting later and later. So, there are many people still working into later years who rely on their jobs to meet their needs.
Some employers may not like this fact though because some feel that production may decrease as the age of the employee increases. Therefore, they may try to find reasons to fire these older employees. However, employees over 40 years old are protected from being fired based on their age by the Age Discrimination Employment Act (ADEA). This does not mean that employers have stopped trying to do this though. There are many employees who have valid wrongful termination cases based in age discrimination.
In 2017, the Equal Employment Opportunity Commission (EEOC) received 18,376 complaints for age discrimination. However, this was the first time since 2007 that the EEOC received less than 20,000 complaints in a year. While not every one of these charges resulted in a favorable outcome for the employee complaining, in 2017 there were 2,954 that received favorable results. These employees received a combined total of $90.1 million in benefits. Those numbers do not include amounts received or favorable outcomes received through litigation though.
As the statistics demonstrate age discrimination is a real problem in California and throughout the United States. Employees who are discriminated against can have a difficult time finding other employment after being fired as well. However, as the statistics also demonstrate, these employees may be able to obtain significant compensation from the employers for their actions. These are very complicated matters though and experienced attorneys understand how employers may try and mask age discrimination. A consultation with one may be beneficial.
Source: www.eeoc.gov, “Age Discrimination Employment Act (Charges filed with EEOC)” accessed on April 26, 2018