Age Discrimination is Against the Law, but You Can Give Older Employees an Incentive to Retire
California’s employment discrimination laws provide even more protections for employees than federal laws require, but one of the basic premises of employment discrimination laws is that age is a protected characteristic. Therefore, just as it is against the law to refuse to hire a job applicant because of his or her race, sex, religion, marital status, or national origin, it is also against the law to refuse to hire a job applicant because he or she is too old. Meanwhile, society seems to have an unwritten rule that some people are too old to work, or more properly, old enough not to work.
Many laws about the elderly assume that adults in their 60s and beyond are probably not in the workforce. Therefore, defrauding an elderly person out of money carries more severe criminal penalties than defrauding a younger adult, who presumably works full-time and could earn back the money he or she lost through the fraud within a few pay periods. When to retire is an employee’s decision, not an employer’s, although employers may have opinions about the matter. If an employee is accusing you of taking adverse actions to pressure him or her into retiring, contact a California employment law attorney.
California Age Discrimination Laws
According to federal and state employment laws, it is illegal to discriminate against employees and job applicants aged 40 or older on the basis of age. Age discrimination laws do not apply to employees and job candidates under age 40 because it is perfectly legal for employers to prefer to hire employees with more professional experience and to pay them more than employees with less experience. Age discrimination occurs whenever an employer takes adverse action against an employee because of the employee’s age. This might include reassigning the employee’s job duties when the employee did not request it, harassing the employee and creating a hostile work environment, or giving the employee an unfairly negative performance review.
How to Make Your Employees Feel That They Can Afford to Retire
When people stay in the workforce past age 65, it is usually because they feel they cannot afford to retire. In other words, the more generous you are with pay and benefits, including but not limited to retirement accounts with employer-matched contributions, the more likely your employees are to retire in their early or mid-60s and make room for fresh talent. You can even offer retirement bonuses for employees who have worked at the company for a certain number of years. It may sound expensive, but it is a lot less expensive than defending your company against an age discrimination lawsuit.
Contact SNR Law Group About Age Discrimination Claims
A real estate attorney can help if your company is facing an age discrimination lawsuit or an EEOC investigation regarding an age discrimination complaint from a current or former employee. Contact SNR Law Group in Tustin, California, to discuss your case.
Sources
https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8714dd.pdf