Federal and state laws protect employees over the age of 40 from discrimination, namely the Age Discrimination in Employment Act and the California Fair Employment and Housing Act. These laws prohibit employment discrimination based on age, covering many types of negative treatment.
With people living and working longer, the proportion of workers aged 55 and above in the United States has reached approximately one in five. Unfortunately, this demographic shift has led to an increase in ageism within the workplace.
Employers are often driven by stereotypes or financial motivations, fearing that older employees may hinder the company’s modern image, have shorter tenure, or require higher healthcare costs.
Disturbingly, a recent study found that 30 percent of individuals aged 53 and above encounter age-related discrimination, while another study revealed that 64 percent of workers have either personally experienced or witnessed age discrimination in their work environment.
At Hennig Kramer Ruiz & Singh, we believe that a person’s age should not affect their career or workplace opportunities. Our Los Angeles age discrimination attorneys have represented numerous clients who were victimized by age-based harassment and discrimination.
If you have experienced any form of age discrimination at work, do not hesitate to learn more about your rights by getting in touch with our age discrimination lawyers in Los Angeles. Call us at (213) 310-8301 or submit a contact form online to request a free consultation.
Sometimes, it can be hard to know if you have experienced age discrimination. Some markers of age discrimination can include when an employer states a person is “too old” or “too slow,” or wants “fresh blood.” However, other forms of age discrimination can be more insidious.
Age discrimination can manifest in different ways, but it often entails unfavorable treatment towards employees aged 40 and above, such as:
Disparate treatment is the most common type of age discrimination. It occurs when an employer treats an employee or job applicant differently because of their age. This can include things like refusing to hire someone because they are over the age of 40 or firing an employee because they are approaching retirement age.
Disparate impact is a less common type of age discrimination. It occurs when an employer has a policy or practice in place that has a negative impact on employees or job applicants who are over the age of 40, even if that policy or practice is not specifically intended to discriminate against them.
Retaliation is another type of age discrimination. Retaliation occurs when an employer takes adverse action against an employee or job applicant because they have complained about age discrimination or participated in an investigation into age discrimination. Adverse action can include things like demotion, termination, or denial of a promotion.
Harassment is another form of age discrimination that can occur in the workplace. It includes any unwelcome comments or conduct that are based on an individual’s age. Age-based harassment can be either verbal, such as making derogatory comments about someone’s age, or physical, such as intentionally damaging someone’s property because of their age.
Examples of age discrimination in the workplace include:
If you have heard or experienced anything like this at work, our Los Angeles age discrimination lawyers can help you determine if you have an age discrimination case.
In addition to discrimination based on age, age-based harassment is also prohibited in the workplace. This generally occurs when an employer creates or knowingly allows a hostile work environment. This environment directly harms an employee’s ability to work. In the case of age harassment, this negative treatment is because of the employee’s age (40+).
Age-based harassment can take many forms, including:
Age-based harassment can be committed by anyone in the workplace, regardless of their age. This type of harassment can have a negative impact on the victim’s job performance, mental health, and overall well-being. If you have been harassed, reach out to our firm for help.
If you believe that you have been subjected to age discrimination at work, it is important to document it. You should also follow your employer’s internal procedures for making a complaint. A record of harassing or discriminatory treatment and documentation of complaints is key evidence in any claim for age-based harassment or discrimination.
Fight age discrimination in L.A. with Hennig Kramer Ruiz & Singh, LLP. We will protect your rights if you have been discriminated against. Contact our experienced Age Discrimination Lawyers today for a free consultation. Don’t let age be a barrier to justice. Take action now!
You may be wondering if you have a valid age discrimination claim. Please visit our Do I Have A Case? page to answer a few questions relating to your circumstances.
If you may have a case against your employer, call our offices at (213) 310-8301 or request a free consultation online. Se habla español.