Age Discrimination

Age discrimination refers to certain intstances in which an employee above the age of forty (40) is treated differently or unfairly in their work environment due to their age. Age discrimination is strictly prohibited by federal and state laws. The challenge in such cases is to prove that the circumstances surrounding one’s termination or denial of employment were defined (in the employer’s eyes) by their age. At Bibiyan Law Firm, our decorated legal experts are devoted to protecting workers from discrimination and/or harassment. With their experience, passion, and comprehensive understanding of employment law, our attorneys will work tirelessly to recover losses due to workplace injustice. Far too often does age bias affect job assessments, promotions, raises, and other metrics that should be driven by employee performance, rather than age. Bibiyan Law Group would like to reverse this trend and protect the interest of hard working Americans, regardless of their age, gender, disability, creed, religion, etc.

Enacted in 1967, the ADEA promotes the employment of older workers on the basis of their ability and skill, rather than age. The act also prevents agist discrimination in the workplace, addressing issues that arise with an aging workforce. This effectively encompasses all privilege of employment, including compensation and benefits. ADEA applies to employment agencies and labor organizations as well. Furthermore, it is illegal to retaliate against individuals for opposing employment practices that demonstrate discrimination based on age.

Other laws that strictly prohibit workplace discrimination and effectively protect employees include:

• Title VII of the Civil Rights Act of 1964
• The Equal Pay Act of 1963
• The Age Discrimination Act of 1967
• The Rehabilitation Act of 1973
• The Civil Rights Act of 1991
• and the California Fair Employment and Housing Act of 1959

In order to prove age discrimination in your workplace, your legal representatives must prove that you are 40 years or older, adversely affected by the employment action in question, and that your employer took said action because of your age. An employer is liable for the discriminatory acts of their employees if:

• The employee exercised managerial or supervisory responsibility; or
• The employer knew about the discriminatory act and failed to take immediate and appropriate corrective actions to remedy and prevent such conduct once it had been discovered. An employer is deemed to have known of an employee’s discriminatory conduct where that conduct was known by another employee who exercised managerial or supervisory responsibility, or
• The employer should have known of the discriminatory conduct and failed to exercise reasonable care in preventing the conduct.

Examples of actionable age discrimination may include (but are not limited to):

• Early Retirement Deals – These are also known as golden handshakes. When an employer bases these deals on the age of a worker over 40, with no other legitimate business reason, a violation of federal and state age discrimination law has occurred.
• Illegal Employee Replacement – Employers commonly refresh their labor force by replacing workers on a routine basis. However, when an employee over the age of 40 can prove a replacement occurred specifically in order to hire or promote a younger employee, he or she could have a case under both state and federal law.
• Illegal Wage Determinations – Violations of age discrimination laws can occur with any aspect of employment. Particularly, with wages and salaries, an employer must not make unfair wage determinations based on the over 40 status of a worker. For instance, an employer may be liable for age discrimination when he/she uses age to determine that an older worker with higher pay due to seniority should be replaced with a younger worker with less seniority.
• Inequality in Job Benefits – In addition to the ADEA, employees have additional federal protection from the Older Workers Benefit Protection Act. This act requires employers to treat older and younger employees equally in terms of the scope and amount of benefits received. Though employers may be tempted to save money by spending less on benefits for older workers or offer less coverage than younger workers, both these actions are prohibited by federal law.