Posted On: April 25, 2008 by Greenberg & Rudman

AGE DISCRIMINATION AND AGE BIAS IN CALIFORNIA WORKPLACES: HOW EMPLOYMENT LAWYERS CAN HELP

Age discrimination is illegal under both Federal laws and State Laws. However, age discrimination is slightly different than other forms of discrimination. Much of the practices that can look like age discrimination aren’t actually illegal. For example, it is not illegal to offer early retirement packages to those who are about to retire. It is also not illegal to hire a less senior employee to replace a more senior employee so that the company can save costs in paying lower salaries. However, these same practices can be illegal if the reason behind the action is that the employer is trying to lay off older employees in favor of younger ones. If the reasons behind the actions are biased, the practices that once seemed legal, become illegal.

elderly%20man.jpgAge discrimination applies to workers aged 40 years old or older. You cannot be discriminated against for age bias if you are under the age of 40, even if you suspect that you were terminated or bypassed for a raise for a younger employee. Also, the burden is on you to prove that your employer discriminated against older employees based on discrimination and age bias, not for a legal reason. This is often hard to prove, but one way to show this bias is to show a consistent and continual practice by an employer to all or many older employees over time.

If you have noticed age bias or discrimination in your workplace, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. The experienced attorneys at Greenberg & Rudman will fight aggressively for your rights both in and out of the courtroom. With extensive trial experience, our attorneys know how to put the law to work for your case.