Are you over the age of 40 years old? Do you feel that you have been discriminated against at your job based on your age? Age discrimination is real. A recent age discrimination case in Northern California has been making its way through the judicial system. This case centered around an age discrimination suit that emerged out of a reduction in force in the Geologic Division of the U.S. Geological Survey. In this round of layoffs, over 550 scientists lost their jobs which comprised 37 percent of the workforce. These plaintiffs were all senior scientists who were often times Project Chiefs of top priority projects. Ageism is real, and you should be aware of your rights.

California Law: Age Discrimination in the Workplace
California has state laws prohibiting discrimination in the workplace based on age. However, age discrimination only applies to those over 40 years. California state laws protecting those over 40 only apply to employers with five or more employees.

Federal Law: Age Discrimination at Work
There are also federal laws in place that protect employees against age discrimination. The Older Workers Benefit Protection Act was passed in 1990. This federal law makes it illegal for an employer to use an employee’s age for discrimination in benefits or for companies to focus on older workers when implementing staff reduction programs.

Employees should be aware that employers may ask them to sign a waiver that releases the employer from being sued under the Older Workers Benefit Act. These waivers are often called ‘releases’ or ‘covenants’ not to sue. If you sign a waiver like this, you are likely agreeing not to take any legal action against your employer. If an employee chooses to sign such a waiver, the employer often encourages the worker to leave voluntarily by giving them a severance pay package that is higher than the standard company package.

Releases/Covenants Not to Sue (Waivers)
Under this act, if a worker was individually offered this waiver the employee must be given a minimum of 21 days to decide whether or not to sign the waiver. However, if the waiver was presented to a group of employees, the workers must each be given at least 45 days to decide whether or not to sign the waiver. In both cases, if the employee decides to sign the waiver, they have seven days after agreeing to waiver to revoke their decision.

If you feel that you are a victim of age discrimination, or are having questions about age-related issues in the workplace, contact the law offices of Law Offices of David H. Greenberg. Law Offices of David H. Greenberg is a highly experienced team of employment lawyers that have won millions of dollars for our clients in verdicts and settlements. Call us now at (1-888-204-1014 or 1-800-252-9766) for a free consultation or visit us at www.discriminationattorney.com to learn more.