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Are Workers in Their 40’s Being Targeted with Age Discrimination?

Posted on November 21, 2016 Author:

Does your workplace have a “wellness plan” that requires you to take a health assessment? Some are raising concerns employer wellness programs may encourage businesses to conduct age discrimination against older workers.

Workers receive incentives to participate in these programs, such as financial awards, time off or free meals. Many of these programs operate under the Affordable Care Act. The AARP recently sued the Obama administration and the EEOC for failing to protect the privacy of older workers participating in wellness programs. People in their 30’s, 40’s and 50’s may face discriminatory actions for participating.

Why Would Employers Discriminate Against People in This Age Group?

Tech companies and other businesses are obsessed with marketing to Millennials, the largest demographic in the country. Some have argued older workers face more workplace discrimination in Silicon Valley than any other group.

A study carried out by the National Employment Law Project claims older Americans have suffered the greatest increase in unemployment compared to other demographics.

Do Legal Options Exist for Victims of Age Discrimination?

There are state and federal legal protections against age discrimination. For example, the Age Discrimination and Employment Act of 1967 protects workers 40 years and older in some situations. Workers in California also have protections under the Fair Employment and Housing Act. Older workers with disabilities or health conditions may also have protections under the Americans with Disabilities Act.

The Los Angeles employment law attorneys at Kesluk, Silverstein, Jacob & Morrison, P.C. can help workers fight back against age discrimination.