The problem of age discrimination in California

| Sep 12, 2015 | Workplace Discrimination |

Even though they may have quality experience on their resume, older workers may have a harder time finding employment. Although most states have laws that ban age discrimination, they may not help those over the age of 65 obtain gainful employment. Those who study the issue say that while discrimination laws protect workers from being fired, they may hinder them from being hired.

This is because proving that a worker wasn’t hired due to his or her age may be harder to prove. Supreme Court rulings in 2000 and 2009 made it harder to win an age discrimination case. The 2000 ruling forbid workers from suing state agencies for monetary damages while the 2009 ruling put the burden of proof squarely on the worker making the discrimination claim. In the past, an employer was required to prove that age was not the determining factor in an employment decision.

One reason why workers have trouble proving that age was a deciding factor in not getting hired is they may not know who was hired in their place. Unless they can compare qualifications or gather other evidence regarding the hiring process, it can be hard to verify the claim. According to the non-profit organization Workplace Fairness, journalism and technology companies are among the most likely to favor younger candidates over older applicants.

Those who believe that they may have been the victim of age discrimination in the workplace may wish to talk to an attorney. It may be possible to win compensation for wrongful termination or reinstatement to their current position with full pay and benefits. An attorney may be able to review the case to determine whether discrimination may have occurred. In some cases, the parties may choose to settle informally without the need to file a claim.


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