There is a significant increase in the number of age discrimination cases received by the Equal Employment Opportunity Commission in 2007 and 2008. In 2007, the number jumped to 19,103 from 2006’s 16,548 cases.
In 2008, a more significant increase occurred with age discrimination cases received reached a high of 24,582.
This numbers could indicate an increase in the number of victims discriminated based on their age or it could be another reason.
It could be that more people are aware of their rights and are willing to fight for it.
Credit could be given to law firms that make it a mission to inform the public of what their rights in the workplace are.
Los Angeles age discrimination attorneys are responsible for part of the 82.8 million worth of total damages recovered in the whole US.
ADEA
Los Angeles attorneys represent people, who are discriminated because of their age, on the basis of this law.
The Age Discrimination in Employment Act of 1967 or ADEA protects workers who are aged 40 and above from being discriminated because of their age. This law protects both employees and job applicants as it covers all aspects of employment from hiring, termination, promotion to compensation, training and other benefits.
The law covers all employers with more than 20 employees. That includes employment agencies, labor organizations and federal, state and local government.
Protection includes the following:
• Apprenticeship program – Apprenticeships programs cannot impose age limitations unless they meet certain exceptions set under ADEA or approved by the EEOC. If they are not able to prove the exception then age limitations would be considered as discrimination based on age.
• Job advertisements – A company may only impose a preferred age or age limit to a position if they can prove that the age is necessary to the position.
• Pre-employment inquiries – Although asking of age in interviews is not prohibited, it is still scrutinized if whether the purpose of the inquiry to the age of an applicant is lawful or an act of discrimination.
• Benefits – Congress recognized that the cost of providing benefits to older employees is greater than that for a younger worker. Therefore, in certain circumstances, the company can reduce the benefits given to an older employee provided that the reduced benefits would be the same as the benefits of the younger workers.
Waiving of ADEA rights
In some instances, an employee can ask an employer to waive his ADEA rights. This occurs usually in settlements of an ADEA administrative case, a court case, or with exit incentive programs.
There is a minimum standard, however, before a waiver is accepted as voluntary and valid.
A Los Angeles age discrimination attorney can help a person negotiate these terms well and make sure that the agreement is fair and valid.
The requirements for an ADEA waiver to be valid are:
• The waiver should be in writing and understandable.
• The waiver should specifically refer to ADEA rights and claims of the employee.
• It should not waive the rights or claims of the employee that may come in the future.
• An age discrimination attorney must be consulted before the employee signs.
• The employer should give the employee 21 days to think about the agreement and 7 days to revoke the agreement.
To pursue claims for
age discrimination in the workplace, get help from our expert
Los Angeles age discrimination attorneys. For consultation, visit our website and call us toll free for immediate legal assistance.
