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The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.
To prove age discrimination one must first show that: The employer was an entity covered by applicable age discrimination laws; The employee or job applicant was 40 years old or older;?9. The employee or job applicant was adversely affected by an employment action; and.
FEHA and other federal laws declare those characteristics of age and race to be protected, in order to safeguard the right of persons possessing these characteristics to fair employment. Other types of protected classes include sex, color, national origin and disability.
California workers are protected by both federal and state laws from age discrimination. These laws protect job applicants and employees who are 40 years of age or older. It is illegal for an employer to demote, deny employment, or terminate someone based on their age.
Asking for Age in Job Applications It is not illegal for an employer to ask for your age or date of birth. However, it is unlawful to use an application or pre-employment inquiry to reject you because you are 40 years old or older.
The Federal Age Discrimination in Employment Act of 1967 prohibits age discrimination in employment to workers who are 40 years of age or older. A California law, the Fair Employment and Housing Act, also prohibits employer discrimination against job seekers who are 40 years of age or older.
Age discrimination statute of limitations If you are filing under state law, you will have three years to file a complaint, as California recently extended its statute of limitations for employment discrimination claims.