Beverly Hills, CA -- (SBWIRE) -- 08/30/2019 -- It is a fair statement to say that many older workers find it difficult to find employment after being discharged from their previous employment or re-entering the workforce after time spent out of it. It is not uncommon for some employers to inadvertently favor younger employees. By rejecting older applicants in favor of younger ones, this exposes employers to liability under state and federal laws based on age discrimination.

Some of the most common issues relating to employment law include unpaid overtime in California as well as age discrimination. With regards to age discrimination, two central laws prohibit such acts in California. These are the Fair Employment and Housing Act and the Age Discrimination in Employment Act. One article states with regards to Fair Employment and Housing Act; "The Fair Employment and Housing Act is a state law. The portion that applies to age discrimination works similarly to the ADEA. However, it applies to employers with 5 or more employees. It prohibits employers from discriminating against workers who are 40 years of age or older. Individuals who wish to seek a remedy in accordance with state law file a complaint to the Department of Fair Employment and Housing." The Age Discrimination in Employment Act is a federal law that prohibits age discrimination against employees that are aged 40 years or older. This Act applies to employers with 20 or more employees. 'This Act affects every aspect of the employment relationship. The Act places restrictions on advertisements or job notices that provide preferences with regards to a certain age group or discourages workers of a certain age or with certain limitations. That being said, it is not unlawful to advertise a preference for employees aged 40 or above.

A Counselone P.C. attorney commented, "Inasmuch as it is unlawful to discriminate against a potential employee based on their age, it is not unlawful to disqualify or give an adverse employment action as a result of other factors such as an employee failing to meet basic education qualifications for the position." It is important to note that where an adverse employment action with regards to the status of eligibility of an employee is based on factors other than age, such an action is lawful. However, "employers can only limit positions or discriminate on the basis of age only if he or she is able to show that an age limitation is a bona fide occupational qualification and that this qualification is a necessity in order to perform the job duties."

If an employee alleges that his or her employer discriminated against them based on their age, the employee has the burden of showing this or proving such discrimination. Tangible proof of discrimination may include a job advertisement or company literature that showcases a desire to concentrate on hiring efforts on younger employees. In cases where an employee has a practice of treating younger employees better than older ones, such age discrimination may prove bias. In other instances, an employer may favor younger employees by, for example, giving them raises and promotions that are disproportionate to older employees.

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