Age Discrimination at the Workplace in California
The United States Federal laws, as well as the California state laws, do not allow any firm to use an employee’s age for any employment decisions. This means that employers cannot restrict its job application process in terms of eligibility to applicants of a certain age group. It can also not restrict or otherwise influence employees above a certain age to not apply for promotions or workshops. Also, an employer cannot make employment termination decisions based on the age of an employee.
The relevant Act under federal law is the Age Discrimination in Employment Act or ADEA. It was passed by the Congress in 1967 to prohibit discrimination against older workers by employers. In the past, there was a multitude of cases where employers forced employees to retire at a certain age irrespective of their capabilities. Initially, there was an upper limit of 70 until which this act protected employees but this limit was later removed.
This act is applicable to all employers who have 20 or more employees. It prevents discrimination by employers against employees aged 40 or above. This discrimination may be of any sort including employment compensation or benefits, employment termination, and any other employment terms.
The relevant act under California Law is the Fair Employment and Housing Act or FEHA. This act also prohibits age discrimination by employers. It protects all workers of the age 40 or above from any sort of discrimination in the workplace or in hiring practices. FEHA, although similar to ADEA, has a broader span of coverage. It is applicable to all employers having 5 or more employees.
Using the act from an employee’s perspective, in case you feel that you have been a victim of discrimination at your workplace based on your age, requires you to file a charge of discrimination against your employer with California’s Department of Fair Employment and Housing or with the federal Equal Employment Opportunity Commission. You can then sue the employer but you should consult a lawyer and keep in mind that there are time limits for filing such a charge and you need to take quick action.
The agency with which you file the charge will first process your charge and may conduct an investigation or may mediate the dispute or try to settle the dispute. After this, you will be issued a ‘right-to-sue’ letter which will state that you have followed all necessary rules while filing your charge and you are now free to sue your employer in the courts. After you receive the letter you have a time limit until when you can file a lawsuit. In this manner, these acts help prevent age discrimination at the workplace in California.
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