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LEGAL PROTECTION AGAINST
The FEHA not only prohibits discrimination, but it also prohibits harassment based on an individual’s age. When an employer creates or enables the existence of an abusive, disrespectful, or threatening work environment that negatively impacts an employee’s capacity to execute his or her job, this is known as age harassment.
Slurs, jokes, and unpleasant or insulting statements regarding a person’s age are the most typical forms of age-based harassment. Such remarks support an age discrimination claim while also giving rise to a second claim for age harassment. The corporation as well as the individual harasser may be held accountable for the harassment allegation.
Discrimination can take many forms. For most employees, getting fired or laid off because of their age is the most harmful type of discrimination. However, any adverse or unlawful actions against an employee may be a form of discrimination. Age discrimination is established by showing that a job applicant’s age over 40 or employee’s age over 40 was considered in the denial of an employment benefit. Denied employment benefits in examples of age discrimination include:
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Frequently Asked Questions
A: Age discrimination is treating an individual unfairly or differently because of their age. This can include denying employment, promotions, or training opportunities based on age.
A: In the United States, the Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals who are 40 years of age or older. Some states may have additional laws protecting against age discrimination.
A: Yes, age discrimination can occur during any stage of the employment process, including hiring. For example, an employer may choose not to hire someone based solely on their age, even if they are otherwise qualified for the position.
A: If you believe you have been a victim of age discrimination, you should speak with an employment lawyer or file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of discrimination and may take legal action against employers who violate anti-discrimination laws.
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