Age Discrimination
The Federal Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing (“FEHA”) make age discrimination in the workplace illegal federally and statewide.
Age Discrimination
In California, employees over forty years old in age are protected by age discrimination laws. The Federal Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing (“FEHA”) make age discrimination in the workplace illegal federally and statewide. Unfortunately, despite age discrimination being illegal in the US, many older employees face discrimination every day.
According to seniorliving.org, more than 21% of surveyed employers over 40 have face age discrimination and 36% believe their age has hindered their ability to get a job since turning 40. Many employers inadvertently favor younger employees. Older applicants are often rejected in favor of younger ones. Some employers may even fire older employees once they reach a certain age. Older employees can even be harassed through name calling or taunting of their age. Regardless of how an employer may discriminate against its older employees or applicants, the employer must be held liable for its conduct.
How to Prove Age Discrimination in California?
FEHA in California prohibits employers from discriminating against anyone if the employee is over 40 years of age.
In order to prove an age discrimination, claim in court, an employee must prove that they:
In order to prove an age discrimination, claim in court, an employee must prove that they:
- Are 40 years old or older (Member of Protected Class)
- Have been subjected to adverse employment action
-
o Demotion
o Termination
o Suspension
- Can prove that other employees outside the protected class were treated more favorable under the same circumstances.
Before pursuing legal action and proving the requirements of an age discrimination claim, you must file a claim with the Equal Employment Opportunity Commission (“EEOC”) within 30 days of the discriminatory conduct. The EEOC will investigate the claim and inform you whether you have the “Right to Sue” the employer.
- Filing a claim with the EEOC is essential as age discrimination cases generally require exhausting all administrative options before filing a lawsuit
The ins and outs of an age discrimination claim can only become more and more complicated as the case progresses. It is vital that you contact an experienced California employment lawyer to discuss the details of your claim. If you have any questions or are seeking legal advice based on age discrimination, our firm is here to help. Give us a call so that we can get you maximum compensation.
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