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FRESNO AGE DISCRIMINATION LAWYER

HOW AGE DISCRIMINATORY HIRING WORKS

Age discrimination is a common occurrence in the workplace. Some employers tend to hire younger employees due to believing that the older generation have less energy and are not as capable as workers younger than themselves; this tends to occur as the employers believe that hiring an older person for the role will not actively support their business system. Although age discrimination is a common occurrence, it is difficult to prove due to the subtlety of most workplaces.

RECOGNISING A STRONG AGE DISCRIMINATION CASE

On some occasions, age discrimination can be made quite obvious within the workplace, due to ways in which older employees are treated in comparison to their younger colleagues by the employers. Rather than being subtle about their dislike towards older employees, some employers make open remarks about the ways in which age could affect an individual`s work; this could include comments about their lack of energy and slow pace within the workplace, or their inability to learn new skills. Within the interviewing processes, this discrimination can also be made apparent through hostile remarks about how age could affect particular aspects of the role, such as whether or not an older interviewee would be able to understand and make use of new technology and be able to work as hard and as quickly as a younger interviewee would.

FACTORS TO CONSIDER FOR AN AGE DISCRIMINATION CASE

If faced with such comments during an interview, for which the role is then refused to an older interviewee, regardless of them being qualified for the role, the individual is likely to have a strong age discrimination case. Similarly, if comments are made by an employer to an elderly employee, about their inability to complete their work due to their age, that then result in the termination of their contract without other solid reasoning, the individual would have an age discrimination case.

BEING REPLACED BY A YOUNGER WORKER

On occasion, an older employee may be replaced by a younger individual, or have their hours reduced due to a younger employee being hired. Though this alone would not provide evidence for an age discrimination case, if the older employee trained the younger individual to carry out the role, the reasoning for termination or reduced hours could be questioned. If no other solid reason could be provided for the decisions made by the employer to reduce the hours, or terminate the contract, this would give an individual a valid age discrimination case. This is due to the fact that the training the older employee would have provided to the younger individual proves that they are fully qualified for and are perfectly capable of carrying out the role.

HOW TO ASSESS WHETHER YOU HAVE A PROPER AGE DISCRIMINATION CASE

If an individual feels that they have been discriminated against due to their age, the first course of action would be to contact a lawyer who specializes in these types of cases. Providing the lawyer with information about and evidence of the possible age discrimination case will allow them to make an informed decision about whether or not they have a strong enough case to take their employers to court.

Some cases might not prove to be strong enough to take the employer to court, due to the fact that they have had other reasons to terminate the contract, or reduce the hours that the employee works. Although the other reasons provided by the employer may have been fabricated, there might not always be a way to prove that that is the case, leaving the individual unable to take legal action against them.

Our firm represents individuals in their age discrimination cases and can advise whether or not a particular case is strong enough to be taken to court. Call us now and speak directly with an age discrimination lawyer at 1-559-478-8826.

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