Protecting Workers Over 40 from Unlawful Employment Practices
At Omni Law, our age discrimination attorneys represent employees in California, New York, and Pennsylvania who have been targeted, marginalized, or mistreated due to their age. Age discrimination is not only unfair—it is illegal. Workers aged 40 and older have specific protections under federal and state laws; our experienced legal team is here to help when those protections are violated.
Whether you’ve been denied a job, passed over for a promotion, forced into retirement, or wrongfully terminated because of your age, Omni Law can help you assert your rights and pursue the justice you deserve, starting with a free consultation.
Understanding Age Discrimination in the Workplace
Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age, most commonly impacting workers aged 40 and above. These unlawful practices can be subtle or direct and often involve bias in hiring, job assignments, evaluations, promotions, layoffs, and terminations.
Common examples of age discrimination include:
- Replacing older employees with younger, less-experienced workers.
- Targeting older workers in layoffs or reorganization efforts.
- Denying promotions to older employees despite superior qualifications.
- Making ageist comments or jokes in the workplace.
- Pressuring older employees to retire or take less desirable roles.
- Refusing to hire a candidate because they are “overqualified.”
Age discrimination is frequently disguised as performance-related action, business restructuring, or culture fit. At Omni Law, we know how to uncover the real motivations behind adverse employment decisions and present the facts clearly and effectively. Contact our skilled age discrimination attorneys today to discuss your unique circumstances and learn how we can help.
Federal and State Laws That Protect Against Age Discrimination
Federal and state laws protect employees 40 and older by prohibiting employers from making decisions based on age rather than merit. These laws were designed to prevent bias in hiring, promotions, layoffs, compensation, and other workplace conditions.
While federal protections apply nationwide, many states—including California, New York, and Pennsylvania—have enacted broader and more employee-friendly laws that offer additional safeguards.
Understanding the differences between these laws is critical when pursuing a claim for age discrimination, as the available protections, procedures, and remedies may vary significantly depending on your location.
At Omni Law, we help employees navigate federal and state legal frameworks to protect their rights, including the following:
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- Federal Protection: The Age Discrimination in Employment Act (ADEA)
The ADEA prohibits discrimination against workers 40 and older in any aspect of employment. It applies to employers with 20 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC). The ADEA also makes it unlawful to retaliate against someone who has filed an age discrimination complaint.
- California State-Specific Protections
Under California’s Fair Employment and Housing Act (FEHA), employees 40 or older are protected from age discrimination. FEHA applies to employers with five or more employees and often provides broader protections than federal law. California law also requires employers to prove that any adverse action was based on legitimate, non-age-related factors.
