You may be going silver at the temples, but you are still at the top of your game. Your age and experience give you a perspective that provides an advantage over competitors or younger employees, but what if employers have biased beliefs about older workers? Some employers may believe older workers are not as sharp as younger workers, or may be slower and less likely to perform well in demanding situations. If you feel that you have been discriminated against on the job or in the California employment market due to your age, we at Anticouni & Ricotta fully understand your frustration.
Under the California Fair Employment and Housing Act (FEHA), it is illegal to discriminate against workers over the age of 40 based on their age or any biases inherent. The California Department of Fair Employment and Housing provides a detailed breakdown of law regarding age discrimination in the workplace, but the general idea of FEHA is that employees over the age of 40 must not be denied opportunities for jobs “commensurate with their abilities.” What this means is that if you have the capability, experience, and training to perform a job, your age should not be a factor in whether or not you are given fair consideration for the role.
This law exists to prevent unfair generalizations from negatively impacting workers over 40, but in order to pursue a claim regarding discrimination you must be able to prove the reason you were rejected for a job, fired, or treated unfairly in the workplace was due to your age and associated biases. It can help to educate yourself on what constitutes age discrimination in the workplace and in hiring practices with the informational resources on our blog and website.