Top 6 Questions about Age Discrimination in the Workplace

One of the most common forms of discrimination is based on the applicant or employee’s age.

A great number of employers are biased against older employees.

They think that older people can no longer cope and adjust to new technologies and methodologies simply because of their age without consideration to the experience and expertise that he or she brings.

Fortunately, there are federal and state laws that protect the employee rights in the workplace of older workers.

To understand more, here are answers to some frequently asked questions about age discrimination in the workplace:

1. What is age discrimination?

Age discrimination in the workplace refers to discriminatory and harassment acts against workers who are 40 years old and above.

2. What acts are considered age discrimination in the workplace?

Any employment decisions that are based on the employee’s age being 40 and above can be considered age discrimination.

This covers all aspects of employment including:

• Hiring and recruitment
• Promotions and trainings
• Compensation and benefits
• Work assignments
• Termination

However, there are three specific acts that are prohibited by anti-age discrimination laws, which are:

• Age limitations on job notices and advertisements
• Discrimination in apprenticeship programs against employees 40-years-old and above
• Denial of benefits to employees 40-years-old and above
3. Are there exceptions?

Yes. For advertisements, employers can put age limitations if they can prove that the age requirement is a Bona Fide Occupational Qualification (BFOQ)

For health benefits, employers may reduce benefits based on age if the cost of giving reduced benefits to older employees is the same as the cost of giving benefits to younger employees.

4. What laws protect employees from age discrimination?

The federal law that protects employees aged 40 and above from discrimination is the Age Discrimination in Employment Act or ADEA.

It covers all employers with 20 or more employees.

In California, the state equivalent of ADEA is the Fair Employment and Housing Act or FEHA, which cover all employers in the state with 5 or more employees.

5. What government agencies enforce these anti-age discrimination laws?

For ADEA, the enforcing agency is the Equal Employment Opportunity Commission or EEOC while the enforcing agency for FEHA is California’s Department of Fair Employment and Housing (DFEH).

6. What can be recovered from filing an age discrimination claim or lawsuit?

   Generally, you can recover back and front pay, and other actions that will make you “whole” such as compensation for emotional distress, and mental anguish.

   In some cases, court costs and attorney fees can also be recovered.

   For FEHA cases, punitive damages may also be awarded if the actions of the employer are malicious and intentional.

For more information, consult with an age discrimination attorney to help you in your case.