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 Act (ADEA) and the California Fair Employment and Housing Act (FEHA ) exist to protect the rights of workers who are age 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.
Proving age discrimination can be tricky. The attorneys at SLF are highly skilled in this area of law and can help you understand and exercise your legal rights. Contact our office for an initial consultation.