Three Signs that Your Employer is Discriminating against You Because of Your Age
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It is not uncommon to hear news about age discrimination in the workplace in the United States, and this is maybe due to the fact that employers opt to choose younger workers.
However, under the law, such thinking and employment practice is unlawful. Presently, in California, there are two employment laws prohibiting employers to discriminate against employees and applicants who are 40-years-old and above.
Laws Protecting Older Employees from Age Discrimination in California
1. Age Discrimination in Employment Act (ADEA)
Pursuant to ADEA, employers with 20 or more workers and doing business in a United States territory are not allowed to discriminate against employees because of their age. Protected individuals are employees and applicants with 40 years of age and above.
2. Fair Employment and Housing Act (FEHA)
FEHA is a California State law that bars employers with five or more employees from committing age discrimination in the workplace. People who believe that they have experienced age discrimination in employment in California may file a formal complaint with the Department of Fair Employment and Housing (DFEH).
Tips on How to Determine You are Being Discriminated against Due to Your Age
There are simple ways on how to determine if your employer is discriminating you because of your age, these are:
1. You are Receiving Derogatory and / or Discriminating Comments
If your employer makes fun of your old age by means of name calling or making offensive gestures, this may be an evident sign that you are being discriminated against. Aside from name calling, your employer may also talk behind your back and make negative comments about your age.
2. Biased Treatment
In an instance that your employer treats younger employees comparatively better than you, you may be a victim of age discrimination. If your boss provides special treatment and attention to other young employees but you, then your employer may be biased in his employment decisions.
3. Preferential Treatment
Promotions and wage increase should be justified by an employee’s capability and qualifications. However, in case that your employer promotes or increases the income of an employee based on his young age, then employment discrimination may be present in the workplace. Under ADEA and FEHA, such employment practice is prohibited; hence, you may have a claim for age discrimination charge.
If you believe that you are being discriminated in the workplace due to your age, you may file a charge with US Equal Employment Opportunity Commission or DFEH if you are working in California. Additionally, you may always need to consult with an employment discrimination lawyer in order to learn the legal steps to take.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now.
Copyright Mesriani Law Group
More information about Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Laws Protecting Older Employees from Age Discrimination in California
1. Age Discrimination in Employment Act (ADEA)
Pursuant to ADEA, employers with 20 or more workers and doing business in a United States territory are not allowed to discriminate against employees because of their age. Protected individuals are employees and applicants with 40 years of age and above.
2. Fair Employment and Housing Act (FEHA)
FEHA is a California State law that bars employers with five or more employees from committing age discrimination in the workplace. People who believe that they have experienced age discrimination in employment in California may file a formal complaint with the Department of Fair Employment and Housing (DFEH).
Tips on How to Determine You are Being Discriminated against Due to Your Age
There are simple ways on how to determine if your employer is discriminating you because of your age, these are:
1. You are Receiving Derogatory and / or Discriminating Comments
If your employer makes fun of your old age by means of name calling or making offensive gestures, this may be an evident sign that you are being discriminated against. Aside from name calling, your employer may also talk behind your back and make negative comments about your age.
2. Biased Treatment
In an instance that your employer treats younger employees comparatively better than you, you may be a victim of age discrimination. If your boss provides special treatment and attention to other young employees but you, then your employer may be biased in his employment decisions.
3. Preferential Treatment
Promotions and wage increase should be justified by an employee’s capability and qualifications. However, in case that your employer promotes or increases the income of an employee based on his young age, then employment discrimination may be present in the workplace. Under ADEA and FEHA, such employment practice is prohibited; hence, you may have a claim for age discrimination charge.
If you believe that you are being discriminated in the workplace due to your age, you may file a charge with US Equal Employment Opportunity Commission or DFEH if you are working in California. Additionally, you may always need to consult with an employment discrimination lawyer in order to learn the legal steps to take.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now.
Copyright Mesriani Law Group
More information about Mesriani Law Group
View all articles published by Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
