What Is the Difference Between Direct and Indirect Age Discrimination?
You may have heard of two variations of age discrimination, direct and indirect:
Direct discrimination occurs when someone is treated less favorably than another person because of their age. For example, when an older employee is fired because the employer believes that workers over a certain age are too old to learn new methods or when a person is denied admission to college because of their age.
Indirect discrimination describes an apparently neutral policy or practice that would put people of a particular age group at a disadvantage compared to others. A typical example is requiring proof of employment with monthly paystubs. Some older people may not have been in a job for years and thus do not possess an employment record. This seemingly neutral policy may exclude them.
Laws Prohibiting Age Discrimination in California
The federal government passed the Age Discrimination in Employment Act (ADEA) back in 1967. The ADEA is a civil rights law that applies to people of all ages. The government also passed the Age Discrimination Act of 1975 and the Workforce Investment Act of 1998, both of which prohibit discrimination against applicants and employees on the basis of age. The state of California has also passed its own laws regarding age discrimination, including the California Fair Employment and Housing Act (FEHA). The provisions of these laws include:
- Protection for applicants and employees over the age of 40 from age-based discrimination in hiring, training, promotion, compensation, privileges, and termination.
- Prohibitions against discrimination on the basis of age in activities and programs that receive federal financial help.
State and federal laws make it unlawful for an employer to refuse to hire someone 40 or older on the basis of age, as well as to terminate someone’s employment simply based on age. Harassment regarding someone’s age is also against the law. Therefore, employers must take steps to reasonably prevent harassment or discrimination surrounding age in the workplace. Failure to do so can result in a discrimination claim against the employer, as well as legal responsibility for damages.
4 Main Types of Age Discrimination in the Workplace
The four main types of age discrimination that people over 40 often face in the workplace include:
- Limited career advancement: An older worker may be told that management positions are reserved for younger workers or that more responsibility will be given to those who are “digital natives.” This may also include being passed over for a promotion because of one’s age. In addition, employers may decide to eliminate certain positions, usually jobs in high demand. However, it is illegal when the positions are eliminated and replaced with new jobs that require substantially younger workers.
- Compensation management: Employers may attempt to cut older worker’s salaries because it is assumed they are on the verge of retirement, which will relieve the employer of paying them a salary. If an older individual and a younger individual are hired at the same time to perform the same duties, but the older person is paid more, it is illegal.
- Disparate treatment of older workers: Employers may treat older workers differently based on their age, especially if they are 40 years old or above. This may include changing the worker’s duties, cutting their hours, or giving them poor performance reviews to set the stage for an age-motivated termination.
- Forced retirement: Employers have the right to implement a voluntary retirement program. However, if an employer decides to terminate employees because they are close to reaching the age of retirement or older, it is a violation of the ADEA.
How Do I Prove Age Discrimination in California?
When an employee thinks they have been discriminated against, there are several pieces of evidence they can use to show it. First, they need to show their age by giving the date of birth and the number of years over 40. Second, the employee must show that they suffered an adverse employment action. An adverse employment action can be termination, demotion, refusal to hire, failure to promote, harassment, etc. The final thing an employee needs is evidence that their age was a motivating factor for the employer’s decision. This can be shown by the timing of events or comments made by supervisors.
For example, an employer states he will only hire younger workers or does not promote older workers to higher positions. If these things happen after the employee becomes 40 years of age, it may be possible to prove that the adverse employment action was due to age discrimination. However, it would be more challenging to prove if these events happened before the employee reached 40 years of age.
Another example is if an employer refuses to hire a worker who is 60 years of age but hires workers in their 20s and 30s. Again, if the refusal was due to the employee’s age, they might have a case against the employer.
While it can seem difficult to prove, there are many situations where employers may be guilty of age discrimination in the workplace. An experienced age discrimination lawyer will be able to help you determine what exactly has happened and whether it is time to file a lawsuit against your employer.
Contact Our Los Angeles Age Discrimination Lawyers
As you can see, age discrimination can take many forms and can happen in various situations. Identifying age discrimination in the workplace is not always easy. And it can be even more difficult to prove when you are being discriminated against because of your age. But, if you are an older worker who suspects you have been passed up for a job or otherwise discriminated against because of your age, there are certain steps you can take to find out the truth. And depending on the circumstances, there are various ways you can fight back.
Age discrimination can result in wrongful termination, lost income, lost employment opportunities, and what feels like a dead end for many Californians over the age of 40. Luckily, the law is on your side if you suffer because of age discrimination in the workplace. You can hire our firm, where our dedicated and aggressive Los Angeles age discrimination attorneys will fight against discrimination and help you try to obtain recovery for back pay, future pay, emotional suffering, and perhaps even punitive damages for your employer’s egregious wrongdoing.
Our Los Angeles age discrimination attorneys can help you in many ways during your fight against age discrimination. We can take the burden of filing a claim off your shoulders, giving you peace of mind during this difficult time. We can take over communications with the Equal Employment Opportunity Commission (EEOC) on your behalf, and keep you updated about your claim every step of the way.
To bring such a claim, seek help from a Los Angeles Discrimination lawyer at Nosrati Law, A Professional Law Corporation. We have experience with age discrimination claims in Los Angeles and can explore the legal actions available to you. In our years of handling employment actions in California, we’ve collected glowing reviews from past clients, fellow attorneys, and prominent lawyer rating websites. You too could become one of our success stories. It all starts with one of our free consultations.
Most importantly, we have the ability to negotiate complex settlements and take your case to trial if necessary for a positive outcome.
We’ll work tirelessly to protect your rights. Sign up for a free consultation or call (323) 784-0643 to speak with one of our employment lawyers in Los Angeles about your case today.
