AGE DISCRIMINATION AT WORK: WHEN YOU MIGHT NEED AN EMPLOYMENT LAWYER
Age discrimination in the workplace is perhaps one of the subtlest, and hardest to prove, forms of illegal discrimination against an employee. Federal and State law make it illegal for your employer to discriminate against you based on your age at any point in the employment process from hiring to firing, promotions, wages, benefits, assignments, and internal trainings or teams. Your employer is legally able to inquire about your age if it is related to forms for tax purposes, or for your records, but not for any illegitimate purpose. What constitutes an illegitimate purpose is very subjective: say that you are up for a promotion at a job where you have been working for many years. If your employer asks you during the course of your promotion interview about your age, this is probably an illegal consideration and you should document it.
Your employer can fire you for any legitimate purpose not related to your age. This is often very hard to prove because the employer can purport many reasons why they let you go, including cost-savings for the business. However, even if they base their firing on cost-savings it is illegal to use your retirement plan, pension, or insurance costs as part of why it would be more inexpensive to take on a younger employee. These factors show a bias against your age, and that is illegal.
While most of these factors are very hard to prove, it is possible and easier to see when they are done on a systematic and continuous basis. Usually, when an employer decides to let go of their older employees to save money- it isn’t just that one employee. If you have noticed that your business is letting go of several of the over-40 year olds, or those with upcoming retirement or pension plans, your business may be discriminating based on age and the law protects your rights. You may be entitled to lost wages and emotional considerations for your loss. If you are located in California, call the Law Offices of Greenberg and Rudman LLP at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.
