The Age Discrimination in Employment Act (ADEA) of 1967 and California’s Fair Employment and Housing Act (FEHA) protects employees over the age of 40 years from being discriminated in the workplace or when applying for open positions with an employer.
Who do the Anti-discrimination Laws Apply to?
- ADEA: employees are protected under this law if they are over 40 years of age and work for an employer who employs 15 or more people
- FEHA: employees are protected under this law if they are over 40 years of age and work for an employer who employs 5 or more people
Examples of Age Discrimination
- The employer advertises in a job posting they are looking for applicants under the age of 40 years
- You are fired because you are over 40 years of age
- You are not hired because you are over 40 years of age
- You feel forced to retire or quit because of negative treatment based on your age (over 40 years old) in your workplace
- Your employer asked you to retire, and there were no other reasons for the retirement package other than your age (over 40 years of age)
- Your employer retaliates against you because you filed an age discrimination claim
- You have been replaced by another employee and the only difference between you and the employee is that you are over 40 years old and they are not
Document The Behavior
To help prove your case, it is important you document the discrimination (i.e save emails, memos, text messages, etc) and that you follow the reporting system within your company to report the illegal conduct. Of course there will be times when this is not possible, but remember the more evidence you have, the more it will help your case!
Seeking Justice – Your Next Steps
Do you know or think you have been discriminated against based on your age? Contact Employee Justice Legal Group today for a free consultation!
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