Understanding Age Discrimination in San Jose
Age discrimination refers to any employment situation in which a person is treated less favorably than others because they are aged 40 or older. The California Fair Employment and Housing Act (FEHA) prohibits age discrimination against individuals aged 40 and up at any place of employment with at least 5 employees, while the federal Age Discrimination in Employment Act (ADEA) provides similar protections at places of employment where the employer has at least 20 employees. California law protects more job applicants and employees than federal law does, so age discrimination claims in San Jose are often filed under the FEHA, particularly in employment situations involving smaller businesses.
Common Examples of Age Discrimination in San Jose
Age discrimination can take many different forms, and it can affect job applicants, current employees, and even prior employees in certain circumstances. The FEHA and ADEA protect against age discrimination in hiring, firing, promoting, administering benefits, demoting, scheduling, termination, and more.
What does age discrimination look like in employment settings? The following are examples of the wide range of actions and behaviors that age discrimination can involve:
- Advertising a new job position only to employees below a certain age or within a certain (younger) age range;
- In some instances, advertising a new job only to recent college graduates with the aim of hiring only a young new employee;
- Asking questions about a job applicant’s age during the hiring process, or asking how much longer the applicant plans to work before retiring;
- Failing to hire a job applicant because of their age;
- Mocking or humiliating older employees;
- Making crude and/or consistent jokes about older employees and their abilities;
- Only offering new trainings to younger employees;
- Providing certain benefits only to younger employees;
- Denying promotions to older employees;
- Harassing employees who are older than 40 because of their age;
- Laying off older employees in order to hire a younger group of workers; and/or
- Engaging in discriminatory behavior against older employees that leads an older employee to quit (a “constructive discharge”).
Let Our San Jose Age Discrimination Lawyers Help
Job applicants and employees aged 40 and up have protections against age discrimination under state and federal law. When an employer violates an age discrimination law like the FEHA or the ADEA, they can be held accountable. The attorneys at the firm of Venardi Zurada LLP can speak with you today to discuss the details of your case and to provide you with more information about filing an age discrimination claim in California. Call 833-893-6763 or contact us online today for a free consultation.
