Age discrimination, or ageism, in the workplace, essentially penalizes a person for having more experience and qualifications than younger colleagues. Despite years of effort to build up your resume and/or loyalty, you may find yourself either gradually or aggressively being pushed out of your job in the later stages of your career. Older employees also have a more difficult time finding other work or being rehired after losing a job. These concerns often keep older employees from leaving an abusive employer. California’s age discrimination laws are intended to be enforced "with the goal of not only protecting older workers as individuals but also of protecting older workers as a group since they face unique obstacles in the later phases of their careers.
Here are Some Common Signs of Age Discrimination to Look Out for in the Workplace
Unfair Discipline
Being Pushed (Or Forced) to Retire From Your Job
Social Isolation
Being Demoted For Younger Workers
Harassment and Bias Towards Other Older Workers
Unfair Discipline
Sometimes mistakes at work happen to the best of us. Be mindful of whether you are treated fairly in terms of discipline. For an older worker, a small mishap may be trumped into a terminable offense, whereas the same mistake by a younger colleague may result in lower-level discipline or a warning. In this context, if an employer is making a mountain out of a molehill, it may be a sign of ageism.
There may be one or more signs of age discrimination in your workplace. Herein is not an exhaustive list.
Being Pushed (Or Forced) to Retire From Your Job
Mandatory retirement or pension plans requiring participants to retire at a specific age are generally illegal and not enforceable. An employee still desiring to work must be allowed to continue working beyond any retirement date in a pension or retirement plan. Some professions, however, are excluded. Although such plans expressly requiring retirement by a certain age are no longer as common, employers still try to push older workers to retire. You may get a severance offer in exchange for your resignation. Employers may comment to the effect that it is time for you to retire, essentially indicating to you that you should leave your job. To avoid a claim of wrongful termination, the employer may prefer to force you out or incentivize your exit instead of firing you.
Social Isolation
Mandatory retirement or pension plans requiring participants to retire at a specific age are generally illegal and not enforceable. An employee still desiring to work must be allowed to continue working beyond any retirement date in a pension or retirement plan. Some professions, however, are excluded. Although such plans expressly requiring retirement by a certain age are no longer as common, employers still try to push older workers to retire. You may get a severance offer in exchange for your resignation. Employers may comment to the effect that it is time for you to retire, essentially indicating to you that you should leave your job. To avoid a claim of wrongful termination, the employer may prefer to force you out or incentivize your exit instead of firing you.
Being Demoted For Younger Workers
In a preliminary manner, you have to show that at the time of your demotion, you were performing your job satisfactorily. Relevant evidence may include but is not limited to bonuses, raises, performance metrics, performance reviews, and even informal feedback and any other accolades applicable to your industry. Further relevant evidence includes showing that after you were demoted; you were replaced by a substantially younger employee.
Harassment and Bias towards Other Older Workers
Pay attention to whether there is a pattern of unfavorable treatment and harassment towards older employees. If senior colleagues have similar complaints about a particular manager, supervisor, department, or company-wide practice, the workplace may be permeated with age bias, especially if Human Resources is aware of these complaints and does not intervene. Get to know these individuals and learn from their experiences. They may offer you emotional support or collaboration if you find yourself in their shoes. Knowing that others like you are treated as second-class citizens or harassed may also have a direct impact on you. Also, notice the demographics of the employer are favored "in the group" and whether there is a trend of promoting and advancing younger individuals more frequently.
Call a Los Angeles Employment Discrimination Attorney Today
If you or somebody you love has faced discrimination in the workplace in or around the Los Angeles area, contact the team at the Marcarian Law Firm as soon as possible. Our Los Angeles employment law Attorneys have the resources necessary to fully investigate your claims of discrimination and help ensure that you recover the compensation you need.