According to California labor laws, individuals who are 40 years and above should not be discriminated in their workplaces based on their age. In fact, they are protected by Age Discrimination in Employment Act (ADEA). It’s illegal to deprive someone of being offered a job or promotion based on age. The law further states that, no employer should force an employee to resign based on their age irrespective of their skills and abilities in the workplace. However, the law applies to employers who have more than 20 employees. Let’s look at age discrimination in California in details;
Age discrimination and harassment
The law prohibits any person from making offensive remarks based on an individual’s age in the work place. In addition, an employer has no right to fire or demote an employee due to his or her age since this creates a hostile working environment.
Benefits and early retirement
ADEA requires that all employees who are older than 40 years to be provided with benefits just like other young employees. Such benefits include; health insurance, life insurance, disability benefits, retirement benefits and pension. In case the older employees receive other benefits from the government, the employer can opt to give fewer benefits.
Department of Fair Employment and Housing (DFEH)
This is a state agency in California whose task is to protect discrimination in employment places. All workers aged 40 years and above are protected by this law. Further, employees who have more than 5 employees are covered by the law.
Filing age discrimination complaints in California
If you suspect you are being discriminated based on your age, you should talk to United Employees Law Group. The competent attorneys will help you resolve all your employment concerns professionally. However, you must first file charges with the states department of fair employment and housing (DFEH) or equal employment opportunity commission (EEOC) .The employee must show he or she belongs to the protected class. Secondly, one should prove he or she has been subjected to harsh conditions like demotion, suspension etc. It’s required that victims of such cases must raise concerns to the relevant departments within a period of 1 year which comes before filing a lawsuit. Remedial provisions can include; back pay, front pay or reinstatement. If the employer’s actions were willful, he or she might be forced to pay for damages to the employee.
In summary, workers should be judged based on their abilities rather than their age. In fact, having a trusted law firm will ensure you are not a victim of age discrimination at work place. If you are a victim of age discrimination in California, get in touch with United Employees Law
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