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Federal and California laws prohibit discrimination against a number of protected classes during any phase of the employment process. This means an employer may not refuse employment, raises, promotions or other opportunities to someone based on the person’s race, religion, sex, age or other factors. However, in recent years, older Americans are noticing signs that employers may not be taking age discrimination as seriously as they should. However, many question whether men or women over 40 are more likely to face this discrimination.

Someone who is older than 40 has the protection of state and federal laws prohibiting any discrimination related to age in the workplace. Yet numerous studies and surveys indicate that ageism in the workplace is not a rare occurrence. One poll showed that 75% of women over 45 years feel they have a lower chance of finding work because of their age. In the same poll, 65% of men over 45 responded similarly.

Ageism may be the root of employees failing to receive promotions or suddenly receiving termination notices. Overall, many people older than 40 agree that it is tough to find work while adults in their 30s believe their age gives them an advantage in the job market. While a few studies support the belief that men suffer from ageism more than women, most other studies say older women are less likely to be called for an interview or hired for a position for which they are well qualified.

Ageism is a form of discrimination that may be a challenge to fight. However, it may be worthwhile to reach out for legal advice when one suspects an employer has discriminated based on an employee’s age. A skilled California attorney will be knowledgeable of state and federal laws and how they apply to a specific case.

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