Siegal & RichardsonLLP

San Francisco Attorneys Serving All Of California
415-777-5547

A new bill may help stop age discrimination

Seniors throughout California and the rest of America are working more into their golden years than in the past. Many are delaying Social Security benefits to achieve higher monthly checks than they would at 62 or 65. According to some statistics, seniors are the largest growing segment of workers. But as they work longer into their lives, seniors are also the victims of age discrimination.

When many think of employment discrimination, claims based on race, religion, gender and sexual preference often come to the forefront. However, age discrimination is just as prominent in many industries. According to a survey performed last year, nearly two-thirds of respondents older than 45 believed that they had been victims of age discrimination in the workplace or witnessed it happening others.

Seniors making an age discrimination claim may not have the same legal protections as claimants to other forms of discrimination. Though there is an age protection statute, the Age Discrimination in Employment Act, it is much more difficult to prove a claim under this than Title VII. For other forms of discrimination, a court can look to whether adverse employment actions were due in part to race, sex or other protected class. In these cases, the burden shifts to the employer.

The 'mixed motives" adverse action does not apply to age claims. Ten years ago, the Supreme Court stated that the Title VII rule was inapplicable to the ADEA. There is a bill currently in Congress, the Protecting Older Workers Against Discrimination Act, to overturn the court decision through legislation.

Even though the Supreme Court decision made it more difficult to prove a case, there are still many claims that have merit and are capable of recovery. A victim of workplace age discrimination may meet with an employment attorney to discuss legal options.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get A Free Consultation Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us In The Bay Area Or Los Angeles

San Francisco Office
235 Montgomery Street
Suite 1060
San Francisco, CA 94104

Phone: 415-651-1949
Phone: 415-777-5547
Fax: 415-777-5247
San Francisco Law Office Map

Los Angeles Office
1800 Century Park East
Suite 600
Los Angeles, CA 90067

Phone: 415-651-1949
Phone: 415-777-5547
Fax: 415-777-5247
Map & Directions