Understanding Age Discrimination in the Construction Industry
Age discrimination is a serious issue that affects many workers in different fields. In the construction industry, older workers may face unfair treatment simply because of their age. This can include being denied a job, being passed over for promotions, or being unfairly pushed to retire. California has laws in place to protect workers from this kind of discrimination, but it still happens more often than it should.
What is Age Discrimination?
Age discrimination occurs when an employee or job applicant is treated unfavorably because of their age. In the United States, the Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older. In California, the Fair Employment and Housing Act (FEHA) provides additional protections for workers against age discrimination.
In the construction industry, age discrimination might look like:
- Refusing to hire someone because they are considered “too old” to do physical tasks.
- Assuming older workers can’t keep up with the pace of construction work.
- Firing or laying off older employees to make room for younger, less-experienced workers.
- Making jokes or comments about a worker’s age that create a hostile work environment.
Why It Happens in Construction
The construction industry is physically demanding, and many employers assume that younger workers are better suited for tough physical tasks. This assumption often leads to older workers being treated unfairly, even if they’re more experienced and capable. In some cases, employers may also believe they can save money by hiring younger workers who command lower salaries.
However, experience is extremely valuable in construction. Older workers often have skills and knowledge that younger workers haven’t learned yet. Discriminating based on age not only harms workers, it also harms job sites by removing highly skilled professionals from the workforce.
California Laws Protecting Construction Workers
In California, workers over the age of 40 are protected by the Fair Employment and Housing Act (FEHA). This law makes it illegal for employers with five or more employees to discriminate based on age. If you think you’ve been treated unfairly because of your age, you may have a legal claim against your employer.
California law also requires that all workplaces, including construction sites, remain free from harassment and discrimination. If your employer has created an environment where age-based jokes or insults are common, you do not have to tolerate it.
What You Can Do About Age Discrimination
If you suspect that you are being discriminated against because of your age, it’s important to gather evidence, such as emails, messages, or witness statements. Then, you should speak to an attorney who understands California employment laws and has experience with the construction industry.
Don’t wait too long—California has time limits known as “statutes of limitations” for filing complaints. The sooner you speak to a lawyer, the better your chances are of building a strong case.
Need Help? Call Jonny Law
If you or someone you know is dealing with age discrimination in the construction industry in California, you don’t have to face it alone. Call Jonny Law at 800-566-4868 for a free consultation. Jonny Law understands the challenges of the construction industry and is ready to fight for your rights.
Remember, your age should be a strength—not a reason to be treated unfairly.