Under California law, as well as the federal Age Discrimination in Employment Act (ADEA), it is illegal to discriminate against an employee who is at least 40 years old based on his or her age with regard to termination, hiring, promotions, compensation, layoffs, training, benefits, or job assignments.
Examples of Age Discrimination in the Workplace
Age discrimination is not always easy to recognize. A variety of signs at the workplace may point to possible age discrimination. Some examples of age discrimination include:
- Age-based jokes or comments, offensive cartoons, drawing, symbols, or gestures, and other verbal and physical conduct based on an individual’s age.
- Younger employees are treated better from older employees in terms of assignments, schedules, pay, etc. For example, a retail store manager cannot assign an older worker to work with only senior citizen shoppers.
- Older employees are laid off, while younger less qualified workers are not
- Biased comments directed toward older workers
- Different discipline for older versus younger workers
- Older employees are passed over for promotions in favor of less qualified younger workers
- A noticeable pattern of hiring only younger employees
Can My Employer Punish Me for Reporting What I Think is Age Discrimination?
No. It is illegal for your employer to punish you, treat you differently, or harass you because you report discrimination to someone at your company. This is true even if it turns out that the conduct you complained about is not found to be discrimination. This is known as your right to be protected from retaliation.
Protect Your Rights
To learn more about these laws and to get help protecting your rights, call North Law Firm for a free consultation.