California employees are protected from age discrimination in the workplace by federal and state laws. If your employer engages in age discrimination, they are violating labor law. California workers are also protected against retaliation for opposing workplace discrimination.
What is California Age Discrimination?
According to the U.S. Equal Employment Opportunity Commission, age discrimination is treating an applicant or employee less favorably based on age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people over 39. The ADEA doesn't provide the same protection for those under 40. Older employees can also turn to the federal Older Workers Benefit Protection Act to help protect their rights in the workplace. This act requires that employers offer employees 40 and older 21 days to review any paperwork waiving their rights (like a severance agreement). Employees are also given a whole week to revoke a severance agreement.
What is Workplace Retaliation?
Age discrimination laws protecting California job applicants and employees 40 years or older make it illegal for a California employer to demote, deny employment, fire a worker, or deny privileges or benefits to an employee based on age. (Specific rights or benefits would refer to many things, such as on-the-job training, promotion, hiring, and raises). However, some employees experiencing age discrimination don't take action because they're afraid of retaliation. Retaliation is when an employer fires their employee or takes other adverse actions against them because the employee engaged in a protected activity, such as reporting an employment law violation. Labor laws also protect California workers against workplace retaliation.
Protections Against Workplace Retaliation:
California employers are not allowed to retaliate against workers who report workplace discrimination. The FEHA protects employees against retaliation based on the following:
- Reporting or opposing workplace harassment
- Reporting or fighting age discrimination in the workplace
- Assisting with official investigations or government inquiries about labor law violations
- Filing harassment or discrimination claims or complaints
The law prohibits employers from taking retaliatory action, including termination, against an employee for reporting or opposing discrimination or harassment violations or filing an age discrimination or harassment lawsuit. If a California employer retaliates against an employee for reporting labor law violations, the employee may be able to file a retaliation or wrongful termination lawsuit.
If you need help filing a retaliation or wrongful termination lawsuit, contact Moss Bollinger, Sherman Oaks, California employment law attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation, or contact us online.