Our current economic climate has forced many employers to lay-off or reduce their workforce to save on costs. This downsizing has had a disproportionately adverse effect on older workers, who often pull higher salaries and require greater healthcare benefits and thus are more appealing targets for layoffs. But this does not justify unlawful employment decisions against older workers.
Both the federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) exist to protect the rights of workers who are aged 40 or older. It is illegal for employers to replace workers over 40 with less qualified younger workers. It is also illegal to use age as a deciding factor in who gets let go when a company determines that a layoff is necessary.
If you believe you've been the victim of age discrimination, it's important you reach out to an experienced employment attorney to understand what your options are. Contact our San Francisco office for assistance in navigating your situation.
Examples of Age Discrimination
Not sure if you've been impacted by age discrimination in your workplace? Here are some examples of age discrimination practices that are considered unlawful in the San Francisco Bay Area:
- Refusing to hire based on age alone: Employers cannot make hiring decisions solely based on an applicant's age. Job applicants should be evaluated based on their qualifications and experience.
- Terminating or demoting older workers: It is unlawful to fire or demote employees because of their age. Employment decisions should be made based on job performance, not age.
- Administering unequal pay and benefits: Pay and benefits should not be determined by an employee's age. Older workers should receive equal compensation for equal work.
- Harassing employees based on age: Harassing employees based on their age is illegal. This includes making offensive age-centric comments/jokes and creating a hostile work environment due to age-related factors.
- Not promoting older employees: Older employees should have the same opportunities for advancement as their younger counterparts. Denying promotions solely because of age is discriminatory.
- Forcing retirement: Mandatory retirement ages are typically unlawful. Employees should have the right to continue working as long as they are capable of performing their job duties. Pressuring an employee to retire based on their age also constitutes discrimination.
- Implementing and enforcing ageist policies: Implementing policies that disproportionately impact older employees, such as mandatory physical fitness tests, can be discriminatory if they result in older workers being unfairly treated.
- Conducting age-based layoffs: Conducting layoffs or reductions in force that disproportionately target older employees is typically considered age discrimination.
- Retaliating: Retaliating against employees who have filed age discrimination complaints or participated in age discrimination investigations is illegal.
If you believe you have experienced age discrimination in the workplace, we advise that you seek legal counsel to understand your rights and potential remedies.
Contact an Experienced Age Discrimination Attorney in San Francisco
Proving age discrimination can be tricky. At The Sampath Law Firm, we're highly skilled in age discrimination law and can help you understand and exercise your legal rights. Contact our Bay Area office for an initial consultation.
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