Many companies already have their own set of
policies that prohibit discrimination in their respective workplaces. Although
they are making strides to promote not just equal opportunity in employment but
also dynamic and diverse workplaces, occurrences of discriminatory and
harassing behavior are still evident in some of these companies.
One of the many forms of discrimination that
have been rampant in the realm of employment in the U.S. is on the basis of
one’s age. Indeed, statistics from the Equal
Employment Opportunity Commission (EEOC) showed that there were 21,396 age
discrimination claims filed with the agency for the fiscal year 2013, or 22.8
percent of all claims filed in the U.S. Said figure was a slight decrease from
the previous fiscal year (22,857).
About
age discrimination
Basically, age discrimination involves unfair
treatment of employees and applicants over 40 years of age, wherein they are
subjected to discriminatory behavior in any aspect of employment. An example of
this type of employment bias is when an older, more experienced employee is not
favored for a promotion by his or her boss, with the latter choosing a younger
yet less experienced employee. Another is when an applicant is not hired
despite his or her qualifications simply because of the company’s inclination
for a younger image.
Discrimination on the basis of one’s age may
also involve harassing conduct, which may be verbal or visual in form. Making
jokes, comments, or gestures pertaining to the employees’ age is what
constitutes harassment, and if done in a consistent basis, it may result in a
hostile working environment. When this happens, it is possible for the
aggrieved employees to be constructively discharged.
Laws
that prohibits employment discrimination based on age
If you are an individual working for a
California employer and is 40 years or older, then you must be aware that you are
protected by the various laws that prohibit discrimination on the basis of age.
Some of the important ones are the following:
·
ADEA. Also known as Age Discrimination in Employment Act of 1967,
this federal law applies to employers with 20 or more employees, including
government offices on the local, state, and federal levels, as well as
employment agencies and labor organizations. Not only is discrimination
prohibited by the said Act, but also harassment and retaliation.
·
FEHA. In California, the Fair Employment and Housing Act is the
state’s chief statute that prohibits discrimination, harassment, and
retaliation in employment. Unlike the ADEA, FEHA’s covered employers are those
with 5 or more employees.
In the even you have been subjected to what
you believe is discrimination on the basis of your age, it is a must that you
file a complaint with your human resources department (HR). If your complaint
goes unnoticed or the management failed to address your situation, then it
would be imperative on your part to consult with a Los
Angeles employment discrimination lawyer
or file claims with the EEOC or the California Department of Fair Employment
and Housing (DFEH).