Age Discrimination Claims in Los Angeles, CA
Employees in California who are age 40 or older are protected against age-based discrimination in the workplace. The California Fair Employment and Housing Ace (FEHA) and the Federal Age Discrimination in Employment Act (ADEA) prohibit discrimination against older workers and provide remedies to victims. If you believe you may have a claim, we encourage you to speak with a Los Angeles age discrimination lawyer at Attorneys for Employees about your legal rights.
Have You Experienced Age Discrimination in the Workplace? Our Los Angeles Age Discrimination Attorneys Can Help
To assess whether you are a victim of discriminatory employment practices, you need to understand how the law protects you. Under FEHA and the ADEA, you may have an age discrimination claim in Los Angeles if:
- You are an employee (as opposed to an independent contractor);
- You are age 40 or older;
- You have experienced discriminatory treatment based on your age, and
- You have suffered adverse consequences as a result of this age-based discrimination.
Please note that you may have an age discrimination claim. FEHA and the ADEA only apply to employers with a minimum number of employees, and there are certain exceptions that apply. To find out if you have a claim, you will need to discuss your unique circumstances with a Los Angeles age discrimination lawyer. When you contact us for a confidential consultation, we will help you make informed decisions about how best to approach your situation.
1. Are You an Employee?
To have a claim under FEHA or the ADEA, you must be legally classified as an employee. As discussed above, you must also work for a company with a certain minimum number of employees (five under FEHA and twenty under the ADEA). If you are an independent contractor rather than an employee, FEHA and the ADEA do not apply—although you could potentially have other legal rights.
2. Are You Age 40 or Older?
Both FEHA and the ADEA apply specifically to employees who are age 40 or older—and they only protect older workers. In other words, if you are under 40 and believe that you have been unfairly disadvantaged in favor of an older worker, these laws do not protect you in this scenario.
As an employee over the age of 40, you do not have to be disadvantaged in favor of a worker who is under 40. If you experience any form of age-based discrimination in the workplace, you should speak with a Los Angeles age discrimination attorney about the remedies that may be available to you.
3. Have You Experienced Age-Based Discrimination?
Like other forms of employment discrimination, age discrimination can take many different forms. At Attorneys for Employees, we represent workers over 40 who have experienced all forms of age-related discrimination in employment. This includes (but is not limited to) common forms of discrimination such as:
- Limiting new job opportunities or advancement opportunities to younger workers;
- Promoting a “youthful” corporate culture or work environment;
- Conducting mass layoffs of older or higher-salaried employees;
- Negative performance reviews linked to an employee’s age (if over 40);
- Requiring older workers to take on highly demanding job responsibilities;
- Fostering a work environment where employees experience jokes, harassment, or ridicule based on their age; and
- Retaliating against employees who report age-related violations of FEHA and the ADEA
As an older worker, if you feel that you have experienced any form of discrimination in the job market or in the workplace, you should consult with a lawyer. The law protects you, and if you have experienced age-motivated discrimination, you most likely are not alone. At Attorneys for Employees, we not only help workers assert their legal rights, but we help workers put an end to discriminatory practices as well.
4. Have You Suffered Adverse Consequences?
To have an age discrimination claim under FEHA or the ADEA, you must have suffered adverse consequences as a result of the discrimination. Unfortunately, the law still lags behind a bit, as the U.S. Equal Employment Opportunity Commission (EEOC) writes that “the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious.” Of course, teasing often isn’t “simple,” and the psychological effects of experiencing discrimination can be serious regardless of its breadth. Even so, the law requires evidence of a specific adverse consequence, such as:
- Denial of employment;
- Discriminatory compensation or job assignment;
- Harassment or a hostile work environment;
- Denial of a raise or promotion;
- Denial of training opportunities;
- Discrimination in any other aspect of employment; and
- Termination of employment.
While many types of discriminatory conduct involve actions by employers, job applicants and employees can file claims for other forms of discriminatory conduct as well. As the EEOC also writes, in age discrimination cases the perpetrator “can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.” Age discrimination can also involve either a discrete employment-related action (i.e., denial of employment or wrongful termination) or adherence to a written or unwritten policy that fosters an unequal or unsafe work environment.
Our Los Angeles Age Discrimination Lawyers Can Help You Establish Your Claim
As with all forms of discrimination in the workplace, there are several possible ways to establish a claim for age-based discrimination. From employment policies and procedures to internal emails and text messages, there will often be various forms of documentary evidence available. Circumstantial evidence, such as a pattern of replacing older workers with younger ones, can be used to prove violations of FEHA and the ADEA as well. When you choose our firm to represent you, we will explore all options for proving your claim and securing the remedies to which you are legally entitled.
Speak with A Los Angeles Age Discrimination Attorney in Confidence
If you need to know more about filing a claim for age discrimination in California, we invite you to get in touch. To discuss your situation with an experienced Los Angeles age discrimination lawyer in confidence, please inquire online today.