In California, older residents who are looking for a new job and who are 40, 50, or older should be aware of the laws protecting them from discrimination based on their age.
In comparison to a few years ago, following the Great Recession, the American economy is now strong and thriving, with a low unemployment rate. While this is good news for many California residents, it does not automatically imply that finding new employment would be simple.
Many obstacles may emerge along the path to a brighter tomorrow, whether a person has made a professional decision to explore new chances or has been laid off and forced to find new work. People over the age of 40 may face one of these barriers due to their age alone.
U.S. Laws Against Age Discrimination.
Employers are prohibited from discriminating against elder workers under a number of regulations. Two of these laws are enforced by the Civil Rights Center, according to the US Department of Labor. The Worker Investment Act of 1998, for example, has provisions in section 188 that speak explicitly to age protections for those working for or seeking work at enterprises that receive WIA funds.
The Age Discrimination Act of 1975 is another piece of legislation. This piece of legislation controls federally funded programs and activities. The Equal Employment Opportunity Commission is in charge of enforcing the third statute, which has a greater scope. The Age Discrimination in Employment Act of 1967 is the law in question.
What are the Protections Granted by ADEA?
The ADEA, which was first enacted in 1967, has since been revised many times by the Older Workers Benefits Protection Act of 1990 and section 115 of the Civil Rights Act of 1991.
This rule expressly prohibits a corporation from discriminating against current or potential employees above the age of 39 based on their age. Such discrimination can take many forms, such as refusing to recruit an older individual in favor of a younger person solely on the basis of their age.
Several instances in which discrimination may be present include decisions about promotions, income or salary increases, or other privileges. Similarly, while executing a workforce reduction, businesses should not opt to lay off older workers just because they are 40, 50, or older.
How can a Lawyer Help?
California workers and job seekers who believe they have been discriminated against because they are 40 or older should contact an employment attorney for a consultation. An experienced employment lawyer at Siman Law Firm in Los Angeles will be able to review their case facts and determine the best course of action for them.