Age discrimination at work is a problem in today’s youth-obsessed culture. Our clients frequently ask us the first question: What is the age limit for filing an age discrimination case?
Surprisingly the answer is only forty years old.
What is Age Discrimination at Work?
In many employment practices, ageism is a problem. The ADEA and FEHA ban age discrimination.
- Promotion and hiring practices
- Advertisement for jobs
- Compensation,
- Conditions or benefits
- Training programs
- Layoffs and firings.
Both laws prohibit harassment and retaliation.
This includes comments and jokes based on stereotypes, which can become so common they cause a hostile work environment.
How to prove age discrimination
There are two main ways to prove your case when you need to file an administrative complaint, or an age discrimination suit.
- DISPARATE TREATMENT – Intentional ageism is the intentional discrimination against those 40 years and older. This is the most obvious form of discrimination, where an individual treats an applicant or employee less favorably due to their age.
- This could be done by laying off all employees above the age of 55.
- DISPARATE-IMPACT – Age discrimination with a disparate effect is subtler and might even be intentional. Although the employer may appear neutral, their actions can have a negative impact on the protected over-40 class.
- This category might include a pre-employment test that measures reaction time. Although it may seem neutral, it can have a significant impact on the company’s hiring decisions if they only hire younger and faster employees.
As an example, it might be demonstrating the importance of quick reaction time for workers inspecting items on a conveyor belt.
Summarized from an article by Ottinger Employment Lawyers.
