California Age Discrimination Attorney
The wisdom that comes with experience is no longer valued in the workplace the way it once was. Employers who do not recognize the worth of their older employees are not only missing out on the benefits these workers provide, but they are also frequently breaking the law. State and federal laws prohibit workplace discrimination against employees over the age of 40.
Discrimination can take many forms, so some workers who have been subjected to discrimination may not even realize that they have a legal right to seek compensation and other remedies for this violation of their rights. If your employer has taken discriminatory action against you because of your age, Justice Law Corporation is ready to help you obtain the remedies you deserve for the harm you’ve suffered. By working with a California age discrimination attorney on our team, you can not only gain justice for yourself but also inspire changes that can make the workplace better for everyone in the future.
What is Age Discrimination in California?
Age discrimination laws prohibit employers from engaging in practices that discriminate against workers and job applicants aged 40 and older. Workers in California are protected by federal law and state law, so it is important to work with an attorney who understands how to pursue remedies under both sets of laws.
Understanding How Employers Discriminate
Discrimination generally refers to any action that treats someone detrimentally because of a particular reason. That discrimination becomes illegal when the reason for unequal treatment is a factor protected by law. Race, ethnicity, and religion and some of the best-known protected factors. But age is also a protected factor.
When employers engage in discrimination, it is often not obvious. It is often necessary to investigate extensively to uncover how an employer is not providing older workers with the same advantages as younger workers.
An obvious example of an employer discriminating on the basis of age would be a situation where the boss walks up to a cashier at a store and says, “You look too old for our image so we’re firing you.” This rarely happens. Instead, the employer might systematically terminate the employment of all older—looking workers while providing false reasons for those terminations. An experienced California age discrimination attorney could find evidence of the pattern, but others might not notice it.
Employers can discriminate not only by wrongfully firing employees on the basis of age (or the appearance of age) but also by:
- Refusing to hire older job applicants
- Advertising for job candidates who are “young” or under the age of 40
- Asking a job candidate’s age during an interview (some exceptions apply)
- Paying lower wages to employees who are older
- Refusing to promote a good worker because of their age
- Refusing to provide training or other benefits because of a worker’s age
- Harassing an older worker with unwelcome jokes about their age
- Laying off or forcing older employees to retire because of their age
- Subjecting older workers to worse working conditions than younger workers
While employers are not required to treat all employees the same way or to hire every candidate that applies for a position, age is not supposed to be a factor determining how an employee is treated.
Exceptions: Limited Situations Where Employers are Allowed to Take Older Age into Consideration
In a few rare situations, employers are allowed to essentially discriminate against older employees because of their age. If a younger age is a bona fide occupational qualification of the position, then the employer can consider it in decisions such as hiring, termination, or promotion. For instance, if a production company wanted to hire an actor to appear in a commercial for a toy geared toward preschoolers, then the job description would limit applicants to those with the appearance of a young child.
Employers are allowed to ask about an applicant’s age if they are required to keep records on this factor. Additionally, employers are allowed to recruit job candidates on college campuses and participate in programs that assist with placing high school students in employment roles. They cannot, however, use these methods to avoid hiring older adults.
The Laws Prohibiting Age Discrimination in Employment
An experienced California age discrimination attorney works primarily with two sets of laws and their implementing regulations. On the federal level, Congress enacted the Age Discrimination in Employment Act (ADEA), while state lawmakers in California have adopted the Fair Employment and Housing Act (FEHA). Federal law generally overrides state law, but when the protections provided by state laws are greater, then employees receive the benefit of those protections. The federal government sets baseline standards, but states are free to make those standards stricter if they choose. California lawmakers have extended the protections beyond the federal minimums.
Federal ADEA
The ADEA prohibits discrimination in employment when an employer takes action solely on the basis of an employee or job candidate’s age. These provisions are enforced by the Equal Employment Opportunity Commission, and they apply to all public and private employers with 20 or more employees.
California FEHA
For workers in California, the FEHA provides more comprehensive protection from age discrimination than the federal ADEA. One key distinction is that California law prohibits employers from using age as a substantial motivating factor in employment decisions, whereas federal law only prohibits employers from using age as the sole reason for treating an employee negatively. This makes it easier to prove that an action constituted illegal discrimination under state laws, but it still requires extensive legal effort to conclusively establish that an employer has violated the law and that an employee is entitled to compensation.
The California anti-discrimination provisions generally apply to employers with five or more employees. But even employers with few employees are prohibited from harassing employees on the basis of their age.
Take Action Against Age Discrimination
While the law gives rights to older employees, it is necessary to take legal action to enforce those rights. If you believe you have experienced discrimination in employment because of your age, contact a California age discrimination attorney at Justice Law Corporation and find out more about how to protect yourself and receive the fair treatment you deserve. You can set up a free consultation by calling 818-230-7502 or contacting us online today.
FAQs About Age Discrimination in California
Many people are unaware of the protections based on their age and don’t understand how employers may discriminate against them or the compensation they could be eligible for because of it. So we receive a wide variety of questions about age discrimination law. If you contact Justice Law directly, a California age discrimination attorney can answer specific questions in a free consultation. Here are some of the most common questions posed to our legal team.
Where Does Age Discrimination Occur?
Unfortunately, age discrimination occurs in all types of workplaces during all phases of the employment relationship. Some employers discriminate in their hiring practices. Others discriminate by denying training and opportunities to older workers. Employees who have been on the job for a while may suddenly find themselves feeling unwelcome in various ways. While there are some indications that age discrimination is more common in fields with a technology or heavy labor component, it really occurs everywhere. By calling attention to it, employees improve the working environment for all workers in the future.
What are Some Examples of Subtle Age Discrimination?
Some of the ways that employers engage in age discrimination can be difficult to detect without experience. Harassment is a form of discrimination that is frequently overlooked by employers and employees alike. If a manager constantly teases an employee about wearing “old-fashioned” clothes or consistently remarks that the employee is as old as a dinosaur, that can create a hostile work environment that constitutes illegal age discrimination.
Retirement pressure is also a potential problem. If an employer suggests that a 55-year-old employee should retire early because it’s too hard to keep up with changes in methods or technology, and keeps hinting at the benefits of retirement, it can pressure the employee into retiring before they are ready professionally or financially. If the employee’s work has been consistently good, the pressure to take early retirement could be considered an instance of age discrimination.
If your boss says it’s no use training you to use new equipment or starts giving you poor performance reviews for no reason, those could also be signs of discrimination. Speaking with an attorney about the treatment you’ve received at work is the best way to assess whether age discrimination could be a factor.
How Do You Prove Age Discrimination?
Proving age discrimination requires intense investigation, and it can be extremely difficult. Working with an experienced attorney can make all the difference when pursuing remedies for age discrimination. It takes extensive investigation to uncover patterns of discrimination and provide evidence that age was a significant motivating factor behind particular actions. It is helpful to keep copies of all correspondence from your employer, make notes about any conversations you have, and gather information from co-workers who can support your claim.
What Can You Do If You’ve Been Discriminated Against?
The most effective way to protect your rights and start working toward the best available remedies is to consult a knowledgeable California age discrimination lawyer who can answer questions about your specific situation. You can also file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
Do You Have to File with an Agency Before You Can Take Your Employer to Court?
Generally, you may need to file a complaint with the EEOC or the CRD before you can file a lawsuit. However, you may not have to wait for the agency to review the case and complete an investigation. Lawsuits based on violations of the ADEA can be filed 60 days after the complaint is filed with the EEOC. For complaints filed under the FEHA, you need to submit an intake form to CRD within three years of the time you suffered harm due to age discrimination and receive a “Right to Sue” letter before you can file a lawsuit in court.