Elderly employees are often discriminated due to their age. Under the provision of the employment law, it is referred to as age discrimination. Incidentally, Los Angeles is one of the U.S. cities known for high number of occurrence of such violation.
Nonetheless, to prevent Los Angeles workplace discrimination against ageing employees from recurring, the State of California has created specific laws that aim to fight and prohibit prejudice towards employees aged 40 and above.
Furthermore, the United States government fully recognizes that age discrimination is hard to prove in court due to the difficulty of finding feasible evidence and direct statements during trials. With this, the court permitted the use of circumstantial evidences. Aside from circumstantial evidence, here are the other types of evidences that could be used in litigations involving age discrimination:
- Statistical – Is focused towards gathering researched statistics. This involves the time analysis on the number of terminated or hired ageing workers against that of the younger ones.
Statistical analysis would almost instantly reveal through numbers if the employer were really directed towards favoring the younger employees more.
- Comparative – Company standards are compared against one another. This would show the policies implemented on different age groups and how they are affected by such standards or if there were abuses done.
However, an employee who would like to seek protection and aid from the laws must also observe and satisfy certain principles that were set by the Equal Employment Opportunity Commission (EEOC). The EEOC is the government agency that is tasked to settle or solve employee and employer disputes. Accordingly, here are the requirements of the EEOC for employees who wish to file an age discrimination complaint:
- The employee should be aged 40 and above.
- The younger workers seem to be favored by the management more than the ageing ones.
- The employer made a decision that negatively affected the elderly worker.
- The employer treats younger workers differently than ageing ones.
Once the employee wins the litigation process or the company agrees to pay settlements, the victim shall recover damages awards in the form of monetary payments. This will compensate for the losses of the employee, be it financial or emotional.