California business owners must comply with many laws, and some of them deal with age discrimination. Nobody wants to be accused of such a violation, but not all employers understand the Age Discrimination in Employment Act of 1967 (ADEA). It is a federal law that provides employee rights to certain employees and applicants at age 40 and older.
This law applies to federal, state and local governments, private businesses with 20 and more employees, labor organizations and employment agencies. State laws that prohibit age discrimination in the workplace typically apply to companies with fewer than 20 employees. The ADEA prohibits age discrimination in any condition or term of employment, including hiring, promotions, firing, assignments, training, compensation and benefits.
Confusion often exists when it comes to paid sick leave, and employers who do not arm themselves with the necessary legal knowledge might inadvertently discriminate against older workers with health problems. California employers must provide paid sick leave for employees who work at least 30 days per year for that company — with some exceptions. However, it is important to include specific details in the employment contract to avoid vagueness. Older workers might need more sick leave, and if they do, it may not be used against them.
Employers in California who have questions about age discrimination, paid sick leave and other employment law issues can get answers from an attorney who deals with employment law matters. Having the support and guidance of an experienced lawyer can assist employers with keeping them informed about the employee rights. The lawyer can also help with drafting employment contracts that will ensure compliance with all applicable laws.
Source: FindLaw, “How Your Company Practices Might Lead to Age Discrimination“, Molly Zilli, April 5, 2018