How To Avoid Age Discrimination In The Workplace
Age discrimination is the bias, illegal or unfair treatment of a person due to his or her age
.
Age Discrimination Attorneys in Los Angeles represent persons who have become victims of employment discrimination because of their age. The victims are usually employees or applicants who are forty years old and above. The bias in hiring or keeping a 40-year-old or above is against speed of work, salary demand, and health stability. Some employers believe that older employees should be replaced with younger ones, with a belief that the work performance will improve.
The federal Age Discrimination in Employment Act (ADEA), and California Fair Employment and Housing Act (FEHA)
prohibits age discrimination in the workplace.
If a 40-year-old or above employee experiences threat of termination, or unfavorable treatment due to age, he/ she can file for an Age Discrimination lawsuit against the employer or the company. In situations where a 40-year old is disqualified for a promotion due to age, and other situations where there are derogatory remarks, the offended person can file for a lawsuit.
Some companies may offer a "golden handshake" or special compensation for the 40-year-old and above. However, wise assessment should be implemented to ensure there is no grave age discrimination motive.
The law prohibits the demotion, replacement, disqualification, or termination of the 40-year-old just for the motive of age. The Older Worker's Benefit Protection Act gives security of compensation for senior employees. The law demands companies to pay equal wages/salaries to older employees.
Determining the real motive for termination or other discriminatory act in the workplace needs careful investigation and gathering of evidences. Here are some scenarios that may suggest age discrimination:
1. Explicitly stating the age bracket for a certain position
2. Hiring a younger applicant, even though the older one is equally or greatly competitive.
3. Refusing 40-year-old employees to obtain further training
4. Refusing to promote an older one, in preference to a younger one.
5. Explicit and implicit derogatory remarks on 40 year-olds and above
6. Unjustified layoff involving 40-year-old employees
If you are the Human Resource Manager, make sure that your job postings are free from age discrimination grounds. Here are some guidelines to consider:
1. Avoid mentioning the age requirement for the position
2. Avoid showing preference to younger applicants
3. Give the 40-year-old employees equal pay
4. Be careful in delegating menial duties to older employees
5. Do not tolerate explicit derogatory remarks toward older employees
6. Avoid engaging in jokes about older employees.
7. Review your companys retirement policies and the special benefit package.
8. Consult with administration regarding the effects and implications of company policies regarding 40 year-old employees and above.
The best move is to consult with a professional Age Discrimination Attorney in Los Angeles. He/ she will explain to you the legal grounds, penalties, and remuneration for age discrimination case in the workplace.
by: Hazel Joy Crizaldo
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