As California residents get older, many continue to feel that they can contribute to society in some way. Additionally, they may also want to continue working or else have to work in order to obtain income that allows them to live the way they choose. As an older individual, you may have found yourself hoping to remain employed, but you may also have noticed certain roadblocks in your way.
For some, age discrimination in the workplace can make gaining or keeping employment more difficult. However, this type of discrimination – much like many other forms – has no place in a work environment. In fact, the Age Discrimination in Employment Act (ADEA) works to protect you and other workers from such unfair actions.
The ADEA provides certain protections to individuals over the age of 40, covering these areas:
- Benefits – The Older Workers Benefit Protection Act of 1990 amended the ADEA. It prohibits your employer from denying benefits based on your age. Though providing benefits to older workers may come at a higher price, employers cannot get rid of your benefits or terminate your employment to avoid having to provide benefits.
- Job notices – When an employer posts a job notice or want ad, that individual cannot specify age preferences or specifications in the advertisement. If a job notice does attempt to exclude individuals in certain age ranges, the ad could violate the ADEA. Of course, extenuating circumstances could come into play if age contributes to a bona fide occupational qualification.
- Apprenticeships – Though many people may think that apprenticeships are only for younger workers, that notion does not hold true. In fact, an employer cannot deny an apprenticeship to older workers acceptance solely on their age.
The ADEA also offers other types of protections as well, and if you believe an employer violated your rights, you may wonder how to handle such a problem.
What are your legal options?
The law is clear: People cannot be denied employment, advancement, or benefits based solely on age. If you otherwise meet the qualifications for a job posting and face rejection or if your current employer begins treating you unfairly due to your older age, you may wish to learn about your legal options by speaking with an experienced employment law attorney.