Menu Locations
TMF - Law Offices of Todd M. Friedman, P.C.
Free Initial Consultations
Toll-free: TF 877-619-8966
California: CA 424-235-1148
Illinois: IL 312-292-9296
Ohio: OH 216-220-6496

The ADEA protects older workers from employment discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that prohibits discrimination against a worker for reasons of age. It protects all workers over 40 from employment discrimination due to age. Such illegal discrimination is prohibited with respect to hiring, firing, promotion, layoff, compensation and any other term, condition or privilege of employment. In California, the ADEA exists alongside state laws that also provide protection from age discrimination to workers.

The federal law applies to companies that have 20 or more employees. In a case in another state, a man is suing Amtrak for eliminating his position and hiring younger employees to do similar work. The man was promoted to a management position in 2006. In 2013, the company had a round of layoffs, and the plaintiff's job was eliminated. At age 58, he was able to use his union seniority to stay on in a non-management position, but has applied unsuccessfully for several management jobs since then.  

He alleges that younger employees were all favored for the management jobs he applied for since 2013. The lawsuit is filed in a federal district court located in Louisiana. He is seeking a restoration a management position, and payment of the substantial compensation and benefits that he lost when demoted. He also seeks for distress, anxiety, punitive damages and legal fees.

It is not uncommon in California or elsewhere to see a company eliminate an older worker's position whom it wants to drum out of the company. The company can then hire younger workers to do the same work for much less in compensation and benefits, saving the company substantial amounts of money. In that situation, one tipoff of illegal employment discrimination is where it can be proved that the younger workers are performing the same tasks as those contained within the eliminated job category. In that event, it is reasonable to believe that the company's elimination of the older worker's job was a subterfuge for getting rid of that person and saving considerable sums in the process.

Source:, "Employee says Amtrak guilty of age discrimination", Molly English-Bowers, Nov. 20, 2015

No Comments

Leave a comment
Comment Information

When You've Had Enough, Contact Us For A Free Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Get An Attorney Response

Headquartered in Beverly Hills, we accept cases throughout California, Pennsylvania, Illinois, Ohio and West Virginia

Schedule a Free Consultation:
Toll Free: 877-619-8966
| Local: 424-235-1148 |
Fax: 866-633-0228
| Email Our Firm

  • Law Offices of Todd M. Friedman, P.C.
    324 S Beverly Blvd, Suite 725
    Beverly Hills, CA 90212

    (Mailing Address Only)

  • Orange County Office
    1851 E First St, Suite 918
    Santa Ana, CA 92705
    Map & Directions

  • Woodland Hills Office
    21550 Oxnard St
    Suite 780
    Woodland Hills, CA 91367
    Map & Directions

  • King of Prussia Office
    1150 First Ave., Suite 501
    King of Prussia, PA 19406
    Map & Directions

  • Chicago Office
    333 Skokie Blvd., Suite 103
    Northbrook, IL 60062
    Phone: 312-292-9296
    Map & Directions

  • Ohio/West Virginia Office
    Fifth Third Building, 600 Superior Avenue East,
    Suite 1300, Cleveland, OH 44114
    Phone: 216-220-6496
    Map & Directions