California Age Discrimination Lawyer
An applicant can get turned down for a job for many reasons. While an employer should be focusing on a person’s skills and experience, sometimes they get caught up on their age. That’s because there are stereotypes about older workers, such as they are “Boomers” who are scared of technology. This is not always true. There are many older workers who are very comfortable with computers and other devices.
Fortunately, older workers are covered by the Age Discrimination in Employment Act (ADEA).
It forbids age discrimination against individuals over the age of 40. Those younger than 40 are not protected. It is not illegal for an employer to favor an older worker over a younger one, even if both are over the age of 40. Age discrimination can occur when both the victim and the offender are over the age of 40.
You should not be treated unfairly based on your age. If you have been a victim, see how an California age discrimination lawyer from The Garza Firm can help. Schedule a consultation with our office today.
What the Law Says
It is unlawful to harass a person because of their age. Harassment may include offensive or derogatory remarks. While teasing and offhand comments are not illegal, frequent or severe harassment that creates a hostile or offensive work environment is against the law.
The harasser can be a co-worker, supervisor, client, or customer. It is illegal to discriminate against someone in any aspect of employment, including hiring, firing, promotions, pay, job assignments, benefits, and training.
Examples of Age Discrimination
Some examples of age discrimination in the workplace include:
- Younger, less qualified employees receive more opportunities
- Older, more qualified applicants get passed over for promotions
- Older employees are more likely to be terminated
- Older employees are excluded from social events
- Older employees are stereotyped as not being able to understand technology
- Older employers are constantly the butt of offhand age-related jokes or comments from their co-workers or manager
Employers tend to hire and promote younger employees because they think they will be cheaper or willing to work for less money. However, this is a form of discrimination. The salary expectations of an employee cannot be assumed based on age alone. Sometimes older people are willing to work for less money so they can stay in the workforce. There are situations in which younger workers graduate from college and expect six-figure salaries right away.
Contact The Garza Firm Today
Employees should not face discrimination based on their age. Being older does not have a bearing on how a person does their job. In fact, older employees tend to have more experience, which can be beneficial for many companies.
Discrimination is illegal. Contact the California age discrimination lawyers at The Garza Firm for help with your case. We’ll help you understand your legal rights. Schedule a consultation today by calling (949) 570-8350 or filling out the online form.
