Protect Your Rights in the Workplace with an Experienced Age Discrimination Lawyer
The federal Age Discrimination in Employment Act (ADEA) makes it illegal for employers to discriminate against employees who are over 40 years old. Despite this and other important legal protections, too often older workers face prejudice in the workplace. If you have experienced any form of age discrimination connected to your employment – regarding pay, benefits, promotion, or otherwise – you deserve to have your legal rights enforced. Attorney Chris Olsen has extensive experience defending the interests of employees who have fallen victim to age discrimination. If you are looking for an outstanding age discrimination lawyer in the San Diego area, contact our firm to learn more and schedule a consultation.
Legal Protection for Older Workers
Federal and state laws provide a wealth of legal protection for older workers, including the ADEA and the Older Workers Benefit Protection Act (OWBPA). These regulations provide an important framework of rights that ensures these workers receive the same opportunities, pay, promotions, and benefits that are afforded to others employees.
The Role of Non-age Related Factors
When an age discrimination case is brought against an employer, the courts often compare actions against the older employee with the way younger co-workers were treated. In these types of cases, employers often point to non-age related factors to justify why an older employee was treated differently or less favorably. For example, employers might say corporate downsizing, reorganization, or differences between employees' experience or training levels are to blame. Similarly, these reasons are often given to the employee to dissuade them from taking legal action.
Identifying Age Discrimination
To help you determine whether or not you suffered age discrimination, consider the following examples:
- Hiring – Advertising for someone to join a “dynamic, young team,” or not interviewing someone because they are considered too old to fit in. It is also illegal to not hire an older employee because it is assumed they will retire soon or cost the company too much in benefits.
- Training – Age discrimination may be to blame if adequate training is denied an older employee because it is assumed he will soon retire. A similar example includes providing training to younger staff, but not to older employees.
- Opportunities for Advancement – An employee who has received satisfactory or above average performance reviews throughout their career may see an unexplained drop in their feedback (granted their performance level has remained the same). This can negatively affect pay or opportunities for advancement.
- Benefits – Denying fringe benefits to older employees, but offering them to younger employees with the same employment status.
- Firing – Forcing an employee out, or firing them in order to create a “fresher” work environment.
Contact Us to Schedule an Appointment
Many employees are unsure whether their situation warrants legal action. For this reason, it is imperative to seek the representation of an experienced attorney who is knowledgable in this area of law. If you think you may have suffered age discrimination in the workplace, contact attorney Chris Olsen today and schedule a consultation.