Age Discrimination: Does Age Really Matter?
By: Adriane Lauren Luna,

In the field of Labor and Employment, the law specifically abhors discrimination. Legislations are being enacted in order to put an end to this unlawful practice. Some of these laws which are already implemented in Los Angeles, California are:

1. The Age Discrimination in Employment Act of 1967 (ADEA);
2. The Americans with Disabilities Act of 1990;
3. The Equal Pay Act of 1993;
4. The Civil Rights Act of 1964;
5. California Fair Employment and Housing Act
6. The Civil Rights Act of 1991; and
7. The Rehabilitation Act of 1973.

The Americans with Disabilities Act of 1993 mentioned the following as the most common causes of discrimination in the workplace:

1. Race
2. Age
3. Sex
4. Religion, and
5. Nationality

Age discrimination is included in the list above. This type of discrimination exists when an employer unfairly treats his employee by reason of his age.

The most common victims of age discrimination are employees with the age of 40 and above. Some of the reasons why they are being prejudiced are because some employers think that younger employees are:

1. more adept with modern employment methods and strategies
2. much cheaper to hire because older people demands higher salaries
3. more efficient
4. more pleasurable and more fun to work with

To prejudice employees on account of the foregoing reasons is an unlawful practice especially in employment terms and privileges such as in:

1. hiring and firing employees
2. promoting, training, and giving job or career advancement
3. giving of compensation and other benefits like allowances, loans, etc

The Congress, in addressing this problem, came up with the Age Discrimination in Employment Act of 1967 (ADEA). This was aimed at protecting the rights and interests of the employees against the employer’s abuse of authority.

The ADEA especially provides protection to employees with ages 40 years and above. This law also applies to job applicants. Hence, an applicant who is qualified and competent enough to do the job may not be denied of employment solely on account of his age.

However, the rule is not absolute. There are cases when age is necessary and vital requirement in a job, such as the roles played by actors. Also, mandatory retirement is permitted for executives and persons with high-policy making positions who reach the age of 65 and are already entitled to receive pension.

If you or a person you know have been dismissed by an employer on account of age, and the dismissal does not fall on any one of the exceptions provided by law, most likely, you or your loved one has been a victim of age discrimination.

Contacting a discrimination lawyer who handles and specializes in age discrimination is the best thing to do. It will be a big help in determining whether you have a case against your employer or not. In doing so, you are assured that you will collect the highest possible amount of damages to recompense you for the loss suffered, both pecuniary and moral.

To help you deal with age discrimination and other employment issues, you can consult our expert Los Angeles attorneys by logging on to our official website and avail of our free case evaluation service.

 

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