San Francisco Age Discrimination Lawyer

What Is Age Discrimination?

In short, age discrimination is often the elephant in the room—the issue that is sometimes not openly discussed but very much practiced in certain workplaces. However, some companies are even more blatant about their preference for younger workers, making it known that they expect workers to retire by a particular age. Some have gone as far as to retaliate against employees who dared to question their conduct, bringing these unsavory practices to the attention of government agencies. If there is a trainee program, businesses are forbidden from having a “cutoff” age. They also cannot mention age in advertisements or other materials pertaining to a position.

There are also a lot of gray areas with these cases, which is why it can be so helpful to reach out to an age discrimination attorney—whether you’re in San Francisco or Seattle. For instance, depending on the context, asking about an employee’s birth year or college graduation date can become part of an age discrimination case. Also, businesses are banned from instituting policies that don’t mention age specifically but definitely impact those with more experience and years behind them.

Who Is Protected from Age Discrimination?

The Age Discrimination in Employment Act (ADEA) was put in place to protect people over 40 who are either applying for new jobs or are current employees. When a business has more than 20 employees working for it, usually this law will apply. It’s important to note that there are some industries for which the law does not apply. Those who are on the fence about what category their job falls under should speak to an age discrimination lawyer who works on these kinds of cases. Consultations are fast and often free, so reaching out would be worthwhile to anyone who’s curious about their own situation. We live in a world in which age discrimination is pervasive, so each person who works to shed more light on it is genuinely helping the planet to become a better place. Sometimes, taking that first step can be the most challenging part.

Age Discrimination Statistics

Looking at the numbers can be disheartening at times. Although the United States has had age discrimination protection laws for over half a century now, problems still persist. Sadly, some of the latest statistics reveal that we have a long way to go when it comes to fairness in the American workplace. From San Francisco to Boston, age discrimination still abounds. For the year 2016 alone, over 20,000 complaints were filed with the EEOC. However, this wasn’t the only data that indicated an issue. Renowned researchers Button, Burn and Neumark took to the internet a few years ago, sending out over 13,000 job applications in a bid to discover just how bad age discrimination really was. What they found was not encouraging.

For the position of admin assistant, for instance, response rates were a whopping 47 percent lower for women aged 64 to 66 than women from the ages of 29 to 31. Over the course of this study, the researchers found that older workers tended to be the most discriminated against group. They also found that older women and even middle-aged women were the most likely groups to experience discrimination due to age. Because the study looked at hiring situations across 12 cities, it seems that this is a problem that is prevalent across the entire country. In an already challenging job market, it would appear that older workers are facing an uphill battle—and it’s not becoming easier anytime soon.

These days, reports still abound of questionable hiring practices. People talk about being asked inappropriate questions at interviews. Others discuss how they believe that dropdown menus can flag candidates as “older” in the hiring process. Some have even indicated that they could have been passed over for listing a job in the 1980s on their resumes. Still, others have reported seeing wording that specifically requests “digital natives” for a specific position, meaning that anyone older than a millennial would be effectively screened out. Although some companies have figured out less overt ways to state their preferences, this doesn’t mean that they aren’t practicing age discrimination in their hiring and employment practices. For some people, using the legal system can be the only way to get recourse for what is truly an unjust system.

Should I Speak with an Age Discrimination Lawyer?

If you’re asking yourself this question right now, then you probably should. Although not every age discrimination attorney may be able to help you, it’s impossible to know unless you take the first action step. Many companies have been getting away with their illegal practices for far too long now, and they should be taken to task for preventing older workers from finding gainful employment. Nowadays, there is no room for error. If someone is receiving a callback rate of almost half of what a younger person with similar qualifications would receive, then we can correctly assume that there are flaws in the system and that the potential employee will have a substantially lower chance of generating income. Age discrimination destroys livelihoods. Meanwhile, some businesses may pass over their older employees for promotions. Whatever your unique circumstances might be, it’s time to talk to someone who can help to assess the situation. An age discrimination lawyer can walk you through the process and become your advocate in a world that so often undervalues older workers.  Contact Rizio Lipinsky Heiting today to start your free consultation.