Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
The federal Age Discrimination in Employment Act (ADEA), as well as the California Fair Employment and Housing Act (FEHA) prohibit discrimination against employees on account of their age. The difference with these two laws, however, is with respect to coverage: the ADEA covers employees with 20 or more employees and the FEHA covers those with 5 or more employees.
There are numerous situations that can be considered age discrimination in the workplace. But how can a protected employee determine if they are being subjected to age discrimination? Employment law attorneys weigh in on some warning signs:
• An older employee is being ridiculed about his or her age through constant name-calling.
• An older employee is disciplined for committing an action in violation of company policy whereas the other younger employees are not disciplined for the same violation.
• An older employee is being harassed because of his or her age severely and pervasively in order to force a resignation. This practice known as constructive termination is a situation where an employee feels they have no alternative but to resign.
• A company uses a policy or practice that disproportionately harms employees over the age of 40, however, has no effect on workers below the age of 40.
Age discrimination is a complex employment issue that requires swift action. If you are an employee that is 40 years of age or older and you have been subjected to what you believe is age discrimination, consult with a Los Angeles discrimination attorney immediately to assert your rights.
The Law Offices of Jual F. Reyes is an experienced employment law firm representing the rights of employees with respect to workplace discrimination. If you feel that you have been discriminated against and/or denied a protected right at your workplace, call the firm today at (877) 242-4410.