In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and Employment Law Subject Matter Expert Vanessa Greene discuss age-related litigation and harassment in the workplace.
The U.S. Bureau of Labor Statistics projects there will be an increase in workers ages 55 and older, including a rise in those older than 65 as a percentage of the overall workforce, Roberts says. Age-related litigation in the workplace is also spiking, especially allegations of age-related harassment, and discrimination.
Both federal and California laws address age discrimination in the workplace, Greene says. At the federal level, there is the Age Discrimination in Employment Act (ADEA), and under state law, there is the Fair Employment and Housing Act (FEHA).
These laws prohibit workplace harassment and discrimination on the basis of age, applicable to those who are 40 years of age or older. Those under the age of 40, she points out, don’t have a legal basis to bring an age discrimination claim.
This year, the California Third Appellate District Court upheld an award of $2.5 million in damages in an age discrimination and harassment case, Hoglund v. Sierra Nevada Memorial-Miners Hospital.
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