The large restaurant chain, Ruby Tuesday, was recently sued by the Equal Employment and Opportunity Commission (EEOC) on behalf of a class of older job applicants. The lawsuit alleged that the restaurant violated the Age Discrimination in Employment Act (ADEA) by denied jobs to older qualified applicants.

Age discrimination is real, and it is illegal. Both the California Fair Employment and Housing Act (FEHA) and the federal ADEA protect workers over the age of 40 from age discrimination in the workplace. It is important to note that people under the age of 40 years cannot sue. For example, if a person who is 39 years old is denied a restaurant job because of her age, she is not able to sue for age discrimination. However, if a person who is 40 years old is denied a job because of her age, she is able to sue.

However, special packages to encourage early retirement for older workers are not illegal. Sometimes these packages are known as ‘golden handshakes.’ However, if it can be proven that the purpose of offering these packages is to get rid of older workers because of their age, this is illegal.

If you are over the age of 40 years and if you have been denied a restaurant position, lost your job due to your age, or otherwise been a victim of age discrimination, you may be able to sue. To find out more, contact the knowledgeable attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. You can also visit us at www.discriminationattorney.com to learn more.