Walnut Creek Age Discrimination
Facts about Your Age in the Workplace
You have the right to eligibility for work opportunities and advancements based on your skills and experience. If you think that you are being denied opportunities or advancements because of age, you should contact us for help with discrimination law in Walnut Creek.
The Age Discrimination in Employment Act of 1967 (ADEA) protects workers forty years and older from discrimination based on age. The Act applies to both employees and job applicants and prohibits discrimination against older workers.
Walnut Creek Age Discrimination
Nancy Balles, A Professional Corporation, assists clients who need help mediating or litigating when they fall under the protections of the Age Discrimination in Employment Act and other age-discrimination laws:
Apprenticeships—Apprenticeships may not discriminate based on age, except in instances where limitations on age are proscribed in the specific exceptions of the ADEA or if the Equal Employment Opportunity Commission grants an exception.
Job Notices and Advertisements—Age preferences, limitations, and specifications in job notices or advertisements are generally unlawful, unless circumstances exist that make age a bona fide occupational qualification that is reasonably necessary to the business.
Pre-employment Inquiries
Benefits—The ADEA is amended by the Older Workers Benefit Protection Act of 1990 (OWBPA). This Act explains what is lawful for employers in providing benefits to older workers. Benefits that may increase in expense for older workers may provide a disincentive for employers to hire older workers, and circumstances in which benefits may be reduced are limited by the Act. The OWBPA provides various protections for older workers who are offered severance packages (e.g. warning to consult an attorney, a minimum time period to consider the severance package).
