LEGAL GUIDE
Written by attorney Rodney Mesriani | Sep 13, 2012

Age Discrimination: Prohibited Acts of Employers under ADEA and FEHA oppression

Age Discrimination: Prohibited Acts of Employers under ADEA and FEHA oppression Discriminating against California workers aged 40 and above because of their age is against the law. Pursuant to the Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA), California-based employers are prohibited to discriminate against and harass employees aged 40 and above based on their age. ADEA and Age Discrimination This federal law requires employers with 15 or more employees not to draw bias against job-qualified employees aged 40 and above. This means covered employers are not allowed to discriminate against and harass protected employees. FEHA and Age Discrimination Under this California state law, employers with five or more employees are prohibited to discriminate against and harass employees aged 40 and above. California-based employers who fail to adhere to provisions of FEHA may be charged with civil cases. Prohibited Acts under ADEA and FEHA There are certain actions that violate ADEA and/or FEHA. These acts are: Denying application of a job-qualified applicant’s employment because of his or her age – Employers who deny a job-qualified jobseeker’s application due to his or her age may be charged with discrimination and may be required to provide the discriminated applicant with determined amount of compensations. Asking an applicant questions about his or her age – FEHA prohibits employers to question applicants about their age during job hiring process. This is to ensure that applicants are not discriminated based on their age. Harassing an employee because of his or her age – Employers, supervisors, managers, or co-workers who create a hostile environment for an employee because of his or her age are in violation of ADEA and FEHA. Under these laws, they are not allowed to harass an employee because of his or her age. Depriving an employee with training because of his or her age – Pursuant to ADEA and FEHA, covered employers are barred from depriving an employee with adequate training on the basis of his or her age. However, training programs with age limitation that is recognized by the Equal Employment Opportunity Commission (EEOC) may not be given to certain employees. Depriving an employee with just benefits because of his or her age – In accordance to ADEA and FEHA, employers are not allowed to deprive employees with benefits and compensations just because of their age. Additionally, under the Older Workers Benefit Protection Act (OWBPA), employers are prohibited to deprive or deny older employees of their deserved benefits. Implementing company policies that would discriminate against older workers – It is unlawful for employers to implement company policy that has the tendency to harass older employees or to create a hostile work environment to them. Los Angeles employees who were subjected to age discrimination should promptly contact a L os Angeles employment lawyer to know the legal actions they should make to get the justice they deserve.

Rate this guide


Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer