How Does California Law Protect Against Age Discrimination in the Workplace?
Many employees over the age of 40 face uncertainty and discrimination in the workplace. To combat the effects of age discrimination, the federal Age Discrimination in Employment Act (ADEA) of 1967 was enacted. This federal law protects workers over 40 by prohibiting age discrimination and harassment.
The ADEA applies to all employers with 20 or more employees, including private employers, government employers, labor unions, and employment agencies.
What Is Age Discrimination?
Age discrimination occurs when an employee or job applicant is treated unfairly due to their age. It involves mistreatment in hiring, promotions, training, compensation, or termination because the individual is over 40. Salary-based decisions that unfairly impact older workers can also be considered age discrimination.
California’s Fair Employment and Housing Act (FEHA) and Age Discrimination
In California, the Fair Employment and Housing Act (FEHA) expands protections for workers over 40. Under FEHA:
- Employers with 5 or more employees are prohibited from age discrimination.
- All employers, regardless of size, are prohibited from age-based harassment.
- California courts are required to follow a broader interpretation of age discrimination law.
Examples of Age Discrimination
Employment actions that may be considered age discrimination include:
- Failure to hire.
- Lay-offs.
- Termination.
- Demotion.
- Denying promotions.
- Denying training opportunities.
- Lowering wages.
- Mistreatment or harassment.
- Denying medical leave.
How to Prove Age Discrimination
To prove age discrimination, an employee must demonstrate:
- The employer is a covered entity.
- The affected individual is 40 or over.
- The individual was adversely impacted by the employment action.
- The employer took the action because of the individual’s age.
What Steps Should You Take If You Face Age Discrimination?
If you suspect you’ve faced age discrimination, you must file a claim with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) before pursuing legal action. It’s essential to gather all relevant information to prove your claim during the initial investigation.
At TONG LAW, our experienced attorneys will advocate for your rights and help you through the legal process.