Do you ever feel like your employer avoids giving you assignments, refuses to promote you or offers you unfair benefits -- among other things -- because of how old you are? If so, you may be entitled to file an age discrimination claim against the responsible parties. In California and elsewhere, your age is not a reason for an employer to discriminate against you.
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.
In 2013, Facebook settled a lawsuit brought by the California Fair Employment and Housing Department for an employment ad that stated the company preferred class of 2007 or 2008 applicants. Now, companies are starting to use the term 'digital natives" in their recruiting ads as a method of attracting younger employees. A recent search showed dozens of ads using this term.
As many Californians may know, age discrimination is illegal under the 1967 Age Discrimination in Employment Act. Under its auspices, it is possible to file a lawsuit if this discrimination occurs at work or during the hiring process. In addition, some states have enacted statutes that provide stronger protections.
Age discrimination in California workplaces can take many forms, including being passed over for promotion, being verbally harassed, being terminated or not receiving pay increases solely because of age. The federal Age Discrimination in Employment Act, prohibits employers from making decisions about a person's performance, job duties or income based on their age. People 40 and older are covered by the ADEA, which protects employees from discrimination by supervisors, co-workers and even people who are not directly employed by the company, like clients or vendors, who simply do business with them.
California residents may have heard that the well-known performer Cher has been named in a lawsuit filed by three of her backup dancers alleging wrongful firing and age and racial discrimination. A representative for the singer has denied the claims.
Ever since a 2009 Supreme Court opinion was handed down in favor employers regarding the burden of proof in ADEA (Age Discrimination in Employment Act) cases, employees who believe they have been discriminated against on the basis of age have had a tough road proving their cases. Many of them are dismissed before trial, as was a case highlighted by the AARP.
A man in Florida who won obtained an $80,000 settlement agreement against his former employer has now forfeited the money because of his daughter’s post on a social media outlet. The man, a former private school executive, sued the school for age discrimination when his contract was not renewed. He and the school came to an agreement to settle his claim which would award him back pay as well as attorney’s fees.