Age Discrimination Lawyers
AGE
DISCRIMINATION
Age discrimination can take on many different forms. Older workers may be left out of meetings, be the subject of jokes or harassment, receive poor performance reviews, not receive adequate training, receive less pay, and ultimately be fired or laid off. All of these can be signs of age discrimination.
An age discrimination lawyer can assist if you were dismissed or demoted by your employer as a result of your age. Both California law and the Federal Age Discrimination in Employment Act make up the majority of age-based
discrimination offenses (ADEA). Older workers usually bring more expertise, experience, and knowledge to the workplace. However, some businesses discriminate against older job applicants and employees by using age-related policies. They sometimes make discriminatory and unlawful judgments that adversely disadvantage older workers because they are motivated by false beliefs that older employees have higher medical bills or might not stay with the company for the long run.
Once you contact us, we will start helping you right away. If you are still employed, we will make sure all of the unlawful behavior has been properly documented. An employer can only stop or prevent behavior they know is happening. Therefore, it is important that the employer is given an opportunity to resolve the issues. Oftentimes the employer ignores its obligation to take immediate and corrective action. By doing so, the employer exposes itself to greater liability. We will guide you through your legal options and review all evidence to build a strong case. You have rights as an employee, and you do not deserve to be mistreated because of your age.
¿What Is Age Discrimination In California?
In simple terms, age discrimination is when an employer treats an employee over the age of 40 unfairly and/or differently than it treats its younger employees. Any action when an employer holds your physical age or years of experience against you can constitute age discrimination. This may occur when you are working at your job or while you are applying for jobs.
¿Is it Legal for a Company to Refuse to Hire Me Due to My Age?
Employers cannot deny employment because the applicant is 40 years or older. During a job interview, a potential employer is permitted to inquire about your age and ask you to disclose it on an application. There are several reasons why an employer may ask about an applicant’s age. Most often is to verify the applicant’s identity when it comes to conducting a background check. However, employers should not ask questions that go beyond a factual inquiry. Otherwise, these questions can be used to show discriminatory animus towards the applicant. For example, if an employer repeatedly asks about your age, shows concerns because of your age, asks if you plan on retiring soon, etc, and then rejects your application, this can also be used as evidence in an age discrimination lawsuit.
If you believe that a potential employer rejected you for a position because of your age, talk to an age discrimination lawyer about the possibility of filing a claim.
¿Proving Age Discrimination?
In California, an employee might have an age discrimination case if they are over the age of 40 and have been treated differently than their younger counterparts in the terms and conditions of their employment. The employee must show that their age was the factor in an adverse employment action. Often times evidence of age discrimination comes from age-related comments ie. You’re old, When are you going to retire, We need new blood, etc. Adverse employment actions come in many forms:
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Termination
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Failure to Promote
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Demotion
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Reduction in Compensation or Not Paying Equal Wages
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Denied Promotion
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Forced to Retire
Your age discrimination attorney will look to see if you were replaced by a younger employee, which is often evidence used to prove discrimination. Your attorney will research the company’s history and court filings to see if the employer has a pattern of targeting older employees.
In order to prove the case, it is important that the employee document all negative treatment, submit detailed complaints in writing, and provide all details to human resources should the employer investigate your claims of age discrimination.
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