HAS YOUR NORTHERN CALIFORNIA COMPANY TARGETED OLDER WORKERS WHEN CONDUCTING LAYOFFS?
In this unstable economy, older employees may be concerned with the potential for being laid off. However, under California’s Fair Employment and Housing Act (FEHA) and federal Title VII, employers may not target older employees for layoffs. Age discrimination is not only wrong, but it is also illegal. However, under the law, age discrimination protection only applies to workers 40 years and older. If you are laid off from your job at 39 because your boss says you are “too old,” you are not protected under age discrimination statutes.
There are some cases where it may look like age discrimination is occurring, but it is not. For example, employers are allowed to replace older workers with younger workers if the reason is not age related. For example, an employer may replace higher paid employees with lower paid employees with less seniority. Often times, this may look as if a younger employee is being favored over an older one. However, if age is not the motivation, it is not illegal.
Just recently, two former employees of a chemical manufacturer were awarded $6.2 million in damages. The two employees alleged that they were fired from their jobs in a company layoff that specifically targeted only older workers. If you are over 40 years and if you have lost your job in a layoff that targeted older employees, seek legal counsel now. The team of attorneys at Greenberg & Rudman LLP is here to guide you through this process. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will fight for your rights!
