Millennial Employees May Now Bring Age Discrimination Claims

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Millennial Employees May Now Bring Age Discrimination Claims

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Every employer should have clear anti-discrimination policies, including those prohibiting age discrimination. Normally, you might consider age discrimination to be something that takes place against older employees who might be close to retirement. However, the Age Discrimination in Employment Act (ADEA) and California law both protect all employees over the age of 40 from discriminatory or harassing conduct based on their age.

For years, employers have considered millennials to be the young generation of the workforce. But did you know that the oldest millennials begin turning 40 in 2021? This means that certain millennial employees might now have the right to take legal action if they believe they have been discriminated against due to their age.

There are many forms of age discrimination, including:

  • Passing over a qualified candidate for a job or promotion in favor of someone younger
  • Giving an older employee less desirable responsibilities, work hours, or assignments
  • Terminating older employees and giving their job duties to younger individuals

Some companies attempt to lower their payrolls by keeping their workforce younger. However, doing so might violate the law.

For example, an employer might decide to conduct a round of layoffs and claim they are due to budget cuts. If the company lays off older workers and passes on their responsibilities to younger employees, it can be viewed as age discrimination.

Speak with a Walnut Creek Employment Lawyer

At Yudien Law Firm, we know that age discrimination can be a tricky topic, and some employers might unknowingly allow conduct that can be considered discriminatory under the law. If your company needs guidance on preventing age discrimination, or you are facing allegations from an employee, seek the help of our Walnut Creek employment attorneys. Call 925.472.0600 or contact us online for the counsel and assistance you need.

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