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Signs of Age Discrimination in the Workplace

Posted on in Employment

San Jose employment law attorneys, age discrimination, age discrimination claim, workplace discrimination, Workplace discrimination lawsuit, workplace discriminationOlder workers offer years of accumulated knowledge, training, and experience on job sites, thus making them valuable employees. Unfortunately, in the fast-paced employment market surrounding the San Jose area, these qualities may be overlooked or under appreciated.

Age discrimination continues to be a problem, robbing employees of opportunities, salaries, and benefits they would otherwise be entitled to. Hiring, firing, and making any other employment decisions based on age is against the law in California and in other states. Consider the following four signs that might prove problematic in your workplace. 

How to Determine if Age Discrimination is a Factor at Your Job

In addition to federal laws prohibiting certain discriminatory actions in the workplace, the California Fair Employment and Housing Act (FEHA) protects workers against discrimination based on their age or due to being a member of any other protected class. Employers who engage in these types of practices can face civil penalties, which include paying back wages and benefits, along with fines and punitive damages. Employers are largely aware of these laws. However, while it does not prevent them from continuing to engage in these practices, it does force them to be less obvious in considering age as a factor in hiring or firing decisions.

You may have a sense that an employer favors younger workers, but how can you tell if age discrimination is actually occurring? The American Association of Retired People (AARP) recommends being alert to these four signs:

  1. Talking about the ‘culture’ of the company and hiring more young people: When employers often talk about the ‘culture’ surrounding their company or the products they sell, it can be code for age discrimination. Signs include hiring large numbers of young workers who fit their ‘image,’ while offering early retirement or eliminating positions held by older employees.

  2. An increase in tacky comments and age related jokes: Joking about age or passive aggressive comments about physical abilities and future retirement plans are unfortunately common among older workers. Sadly, they indicate that age is on the employer’s mind and is likely to be a factor in decisions.

  3. Getting reassigned or being designated unpleasant duties: If you find yourself being singled out for tasks other employees do not want or delegated to ‘back of the house’ jobs that keep you away from clients, it could be due to your age.

  4. Getting poor performance reviews: If you are good at your job but find your employer increasing giving you reprimands or poor performance reviews, they could be putting together a paper trail to protect himself or herself against an age discrimination lawsuit for letting you go.

Contact Us Today for Help

If you are facing harassment on the job or suspect that you not hired or fired as the result of your age, Jachimowicz Law Group is here to help. Reach out and contact our passionate San Jose employment law attorneys online today to request a consultation to discuss your case.








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