Employment Attorneys Protecting The Rights Of Older Workers In California
America is a youth-obsessed nation. We constantly hear messages that it is critical to look young and attractive and have the energy and ambition of youth. Unfortunately, these biases have also permeated workplace culture. This is especially true in California’s tech industry, which tends to view older workers as technology illiterate and out of touch.
If you’ve suffered discrimination or harassment in employment, working conditions or pay due to your age, contact our legal team at Employee Justice Legal Group PC. Our attorneys understand that older workers are often among the most knowledgeable, responsible and valuable employees in a given company. We will fight to protect your rights and your career from these illegal discriminatory practices.
Know The Laws Protecting You Against Age Discrimination
Employees and applicants are protected against age discrimination under both federal and state law:
- The federal Age Discrimination in Employment Act (ADEA) of 1967 applies to businesses or organizations with at least 15 employees.
- California’s Fair Employment and Housing Act (FEHA) applies to workplaces with just five or more employees.
Both laws apply to workers who are age 40 and older. There are no protections for workers who feel discriminated against for being too young, in part, because youth tends to correlate strongly with inexperience.
Did Any Of These Happen To You?
Age discrimination can take many forms. Below are just some examples of actions that would warrant speaking to an attorney:
- The employer advertises in a job posting they are looking for applicants under the age of 40
- You are fired or do not get hired because you are over 40 years of age
- You feel forced to retire or quit because of negative treatment in the workplace based on your age
- Your employer asked you to retire, and there were no other reasons for the retirement package other than the fact that you are “getting on in years”
- Your employer retaliates against you because you filed an age discrimination claim
- You have been replaced by another employee and the only difference between you and the employee is that you are over 40 years old and they are not
Chances are good that if you have been a victim of age discrimination, other employees at your company have faced the same mistreatment. Identifying larger patterns and practices can strengthen an individual claim or it could allow you to join with other employees in a class-action lawsuit.
Policies That Don’t Mention Age May Still Be Discriminatory
Employers who knowingly discriminate against older workers are engaging in “disparate treatment.” However, employers may also be committing discrimination if they implement policies or take actions that create a “disparate impact” for older workers. This is true even if the stated reasons for the policy have nothing to do with age.
To avoid liability, employers would need to justify the policy or practice by citing a reasonable factor other than age. Disparate impact claims can be more complex than disparate treatment claims, but you should nonetheless speak to one of our lawyers if you believe you may have a case.
Trust Your Case To A Firm With A Track Record Of Success
Our team at Employee Justice Legal Group PC is large enough and experienced enough to handle age discrimination claims against even the biggest and most powerful businesses and organizations. Our attorneys frequently obtain settlements and jury verdicts of seven and eight figures.
If you want to learn how we can help you, contact us today to schedule a free initial consultation with one of our knowledgeable and attentive employment lawyers. To get started, call us in Los Angeles at 213-669-4771 or submit an online contact form.