Zhuo Mu Practicum Assignment

Slide 1: 

Age Discrimination in CA Zhuo Mu (May) SID: 0562667 Practicum Assignment Professor: Tom Cushing

Overview: 

Overview Part One: Definition and examples of Age discrimination in CA; Unlawful practices for an employer under California age discrimination act; Part Two: Typical age discrimination in CA; How to identify you suffer age discrimination; How to prove you under the age discrimination; Part Three: Damages regulations of age discrimination in CA; Part Four: Retirement Law in CA; Part Five: Employer defenses.

Age Discrimination in CA: 

Age Discrimination in CA Definition According to the FEHA (California Fair Employment and Housing Act) and Age Discrimination Act 1967, California employers can not discriminate against older workers whose age over 40 years old. This law applies to companies which own five or more full time or part time employees. Example of Age Discrimination Employers require old employees to take part in special testing as a condition of promotion. Setareh Law Group

Unlawful Practices in CA: 

Unlawful Practices in CA (1) To fail, refuse to hire or to discharge an individual or potential job applicants because of their age; (2) To refuse offer a promotion chance to an individual because of his/her age; (3) To refuse offer a raising wage for an individual because of his/her age; (4) To limit, segregate or classify his/her employees based on individual's age; (5) To force an individual retire early; (6) To fire an individual prior to a severance package vesting. It should be unlawful for an employer Setareh Law Group

Typical Age Discrimination: 

Typical Age Discrimination Employees can identify whether they suffer age discrimination through analyzing whether typical age discrimination happened on them. The typical age discrimination include demotion, suspension and wrongful termination. In addition, employees can identify age discrimination through analyzing whether their employers always compare their working performance with young employees and satirize their working because of their age. For example, an employer complain his old employee walked slow. Morris Nazarian Law office website

Identify fake layoff and terminate: 

Identify fake layoff and terminate When an employee whose age over 40 suffered laid off or termination, he should ask himself the following questions. If his answers with two Yes or more than two, he might suffer age discrimination. 1. Have you been given a nickname such as "father time," "pops," or "old man" at work? 2. Have your employers always compare your working performance with younger employee's performance? 3. Have you witnessed a systematic, gradual elimination of older workers in your company/department throughout the time you worked there? 4. Have you receive negative working performance feedbacks shortly before being terminated? 5. Have you been replaced by a younger worker? Arkady Itkin law office website

To Prove Age Discrimination: 

To Prove Age Discrimination If individuals want to win age discrimination case, they must satisfy the following conditions: They are 40 years old or over 40; They are replaced by younger co- workers in their companies; They suffered an adverse employment practices or decisions such as layoff, demotion and termination; They are qualified for their positions. Employment law for business

Damages of Age Discrimination: 

Damages of Age Discrimination Employees who suffered age discrimination can claim recover the following types damages against their employers: 1. Reinstatement of employment and promotion 2. Emotional distress damages 3. All attorney’s fees and costs relate to litigating the case 4. Punitive Damages 5. Salaries and benefits which are usually compute from the date of the wrongful termination or demotion through the date of the trial 6. Fringe benefits Setareh Law Group

Retirement Law in CA: 

Retirement Law in CA FEHA rules that individuals who have reached retirement age have rights to submit a written request to their employers to continue keep employment relationship beyond the retirement age and to be accommodated as long as they are physically and emotionally able to performing their job duties; FEHA also prohibit colleges and universities to force retirement on instructors and professors and forbids the forced retirement of physicians over the age of 70; Individuals whose age over 65 were employed as policy-makers or executives for a period of two years before the age of retirement might not be forced into retirement. ] eHow website

Employer Defenses: 

Employer Defenses Bona Fide Occupational Qualification : The age limit is reasonably necessary to the employer's business; Older employees have not ability to finish job requirements; The decision was made based on some reasonable factor other than age; The employee is not qualified for the position; Employment law for business

References: 

References Age discrimination lawyer in Los Angle. (2009). Morris Nazarian Law office website. Retrieved from http://losangeleslaborlawyer.net/age-discrimination Age Discrimination (2011). Setareh Law Group website . Retrieved from http://www.personal-injuries-law.com/AgeDiscrimination.aspx Bennett-Alexander& Hartman.(2009). Employment Law for Business (Sixth Edition). NY: The McGraw-Hill Companies, Inc. Petitto, N. (2010). California laws on age discrimination. eHow website . Retrieved from http://www.ehow.com/list_6707058_california-laws-age-discrimination.html