Age Discrimination: What it is and Ways to Fight it in California

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Age discrimination is an important subject that can have a direct effect on you as well as on your friends and family members - both the elderly and the young. The information provided in this article will offer you assistance by defining exactly what age discrimination is and explaining how residents in the state of California, and more specifically actors and actresses, can fight against it.

 

 Age Discrimination is the practice of excluding applications for hire or promotion based on an individual’s age.

 

If you are an actor or actress in California who is facing age discrimination, there are many organizations that you can turn to for help. Two of the more noteworthy organizations are ASFAR and the Gray Panthers.

 

ASFAR is the Americans for a Society Free from Age Restriction. This group, which focuses on the rights of young people, is dedicated to increasing the rights of youths under American law. The purpose of ASFAR is to fight for and advance the civil and human rights of young people through law enforcement and reform.

 

For older entertainers, the Gray Panthers is an association that people can turn to for help when dealing with age discrimination. Founded in 1970, this organization has fought against age discrimination in the areas of retirement, housing, and healthcare. The Gray Panthers association is dedicated to the fight for social justice for young people as well, but its main focus is on helping older Americans.

 

If you are not an actor or actress in California, you can gain assistance with your case against age discrimination though theEEOC (Equal Opportunity Employment Commission). The principle statutes that help defend Californians against ageism are the Age Discrimination in Employment Act of 1967, or ADEA, and the Fair Employment and Housing Act, or FEHA.  The following information discusses what you need to do in order to handle an age discrimination case with the EEOC.

 

Filing an age discrimination claim with the EEOC is fairly easy. But before this matter is discussed, you should know that when you file a claim with the EEOC, it will be investigated by the organization to see if illegal discrimination has in fact taken place. If the EEOC finds that your claim is substantial, it may help you settle your claim against your employer or bring a lawsuit against the intended organization. To file a claim through the EEOC, you can do it in person, through mail, or by telephone. Be sure to give your name, address, telephone number, and all pertinent information about your employer. The deadline for filing a claim with the EEOC is 180 days from the act of discrimination.  

 

Being descriptive and providing as much information as you can related to your case will help the EEOC in making its judgment. When you describe the events that took place which you believe constitute age discrimination, be sure to report the date the discrimination occurred and explain if you were harassed, fired, or denied a promotion. It is also helpful to your case if you provide proper documentation, such as job performance reviews, letters from employers, or the names and addresses of any witnesses.

 

After you have talked with the EEOC and your claim has been filed, the EEOC will conduct an investigation. This will involve contacting your employer and any witnesses. The EEOC may also will visit your job site.  

 

For a listing of EEOC offices in California, go to: eeocoffice.com.  This website provides EEOC office locations in cities such as Fresno, Los Angeles, San Diego, and Oakland.  

 

The ADEA is the first act that protects Californians against age discrimination. This act protects individuals who are 40 years of age or older from age-related employment discrimination and applies to current employees as well as job applicants. It is unlawful under ADEA to discriminate against a person because of age with respect to any term, conditions, or privilege of employment, including hiring, firing, promotions, layoffs, compensation, and benefits. In addition to these regulations, under ADEA it is unlawful to include age preferences, limitations, or specifications in job notices.

 

In California, FEHA prohibits employment discrimination based on race, color, religion, national origin, and age with respect to individuals who are over the age of 40. FEHA works with labor organizations and employment agencies to fight age discrimination. Under FEHA, an employee must file an administrative complaint of discrimination, harassment, or retaliation within one year of the reported incident. Even with apprenticeship programs, it is unlawful to discriminate based on someone’s age.

 

If you have experienced an act which goes against the statutes of FEHA, a claim must be filed with the DFEH, or the California Department of Fair Employment and Housing. Your claim has to be filed within one year of the act of discrimination. If you live in California, you can contact the DFEH office by telephone at the following numbers: 1-800-884-1684; 1-916-478-7200; and for TTY - 1-800-700-2320. Be sure to call these numbers during business hours, which are from 8am to 4pm. For individuals who are seeking to file their discrimination claim online, get an interview with an agent, or to find the nearest DFEH office, go to the DFEH website. Appointments can be made online both day and night.