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Understanding the Damages of Age Discrimination

13th April 2010
By Mesriani Law Group in Employment Law
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Age discrimination in the workplace is strictly prohibited by the government. The Age Discrimination in Employment Act (ADEA) is a law that protects employees who are 40 years old or older from discrimination.

There are many ways and means that give rise to age-related discrimination. It can occur during hiring and employee application, compensation, promotion, termination, and giving of employment benefits and privileges.

Age discrimination through these ways is illegal and punishable by the law. If you think you have experienced or are currently experiencing such employment abuse, seek an experienced attorney right away to take legal action.

The ADEA has provided conditions to avoid age discrimination cases related to employment. Some of them are the following:

• Employers and companies should not discriminate against their employees based on their age. The ADEA has specially covered the age group that is composed of employees who are 40 years or older.

• Employers should not commit age discrimination through job position advertisements, job applications or interviews. Job ads may include limitations in age only if there is a specific age qualification that is based on the needs of the company. However, this exception is very limited.

• Company owners should not discriminate against older employees when reducing the members of their staff. There should be a fair reason for an older employee’s termination.

• The company should not force early retirement on their employees. However, they may offer incentive packages for early retirement.

• Employers cannot retaliate against workers who have filed a complaint or consulted the ADEA for help. Those will not comply will be charged accordingly.

• The Older Workers Benefit Protection Act, a change to the ADEA states that employers must not deny or reduce employment benefits of older employees. However, there are still a few exceptions to this.

Once you have experienced any of these acts of discrimination, call the ADEA office immediately. Then, it is highly recommended that you look for an attorney specializing in employment laws to guide you through the case.

If you are residing in Los Angeles, you can search online for the most experienced and reliable sources of legal help. Because age discrimination cases in Los Angeles are common, you will find an employment law attorney easily.

The next step to get the discrimination claim is to provide enough evidence. Age discrimination cases in Los Angeles can be difficult to prove especially if the only evidence you have is your age and your word. A claimant usually states circumstances where he thinks he was discriminated in relation to his age. However, the company may say that their basis was a factor other than the employee’s age. In this case, the claimant really needs an expert Los Angeles employment attorney to prepare for all possible arguments that may arise in the court trial.

Our employment attorneysare expert in handling age discrimination cases in Los Angeles. For consultation, visit our website and dial our toll free number.
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