The $26 million settlement in a Los Angeles Superior Court confirms what federal law states unequivocally: Age discrimination is against the law. 66-year-old Bobby Nickel was fired after being the brunt of age-related jokes and receiving pressure to retire. Although the company claimed the job action was related to other issues, the court found that Nickel was discriminated against due to his age.
A Fresno-based company paid $11,500 to a claimant who was denied a cashier’s position, which was ultimately given to a younger, less experienced applicant. The Equal Employment Opportunity Commission determined that hiring decisions were based on age, and the claimant was discriminated against.
Legal Protections Exist for Older Workers
Fortunately, the Age Discrimination Employment Act of 1967 protects both applicants and employees who are over the age of 40 from workplace bias. If you feel you are a victim of workplace discrimination based on your age, contact the experienced Santa Rosa attorneys at Beck Law P.C. for a free consultation. Successful litigation of workplace bias may be based on a variety of issues, including:
- Harassment or name-calling;
- Compensation discrepancies;
- Duty differentiation;
- Benefit disparities:
- Educational opportunities or lack thereof;
- Promotion, or lack thereof;
- Hiring, or disinclination to hire;
- Firing.
When The Company Claims Factors Other than Age Impacted their Actions
Naturally, the problem of workplace discrimination is generally clandestine, and although you, as a worker or potential employee, may feel the effects, it is not a part of any written, or even spoken policy.
Sometimes employers claim a firing is simply a necessary reduction in force. In this case, it is incumbent upon the employer to show that the RIF does not disparately impact older employees. Additionally, the action must be justified by a “reasonable factor other than age.”
Older workers may be targeted due to the higher costs of insuring them. The Older Workers Benefit Protection Act of 1990 requires employers to provide equivalent payout for all employee benefits. Therefore, although some workers may have higher deductibles than others, the employer contribution to all worker benefits must be equal. Additionally, employers may not decide to exclude older workers from insurance plans in an effort to reduce negative impacts on the insurance pool.
What Steps Should I Take if I Feel I Have Been a Victim of Age Discrimination?
Age discrimination is more common than some might think; over 25,000 claims are filed annually. You will want to discuss the particulars of your case with an aggressive, experienced attorney at Beck Law P.C. who specializes in workplace discrimination. Your attorney will:
- Review any documents your former or potential employer has asked you to sign;
- Make a list of any conversations, actions or documents that indicate age discrimination on the part of the employer;
- Determine the merits of your case and whether filing a claim with the EEOC is the best route for you.
Do not wait. The qualified team at Beck Law P.C. can help you today.