What Are The Age Discrimination Laws In Newport Beach?

California Age Discrimination In The Workplace And How To Deal With Them

Age discrimination can be a huge problem for otherwise qualified workers in Newport Beach, California. Employees who have been affected by such discrimination suffer financial and emotional losses as a result.

Fortunately, there are state and federal laws that protect you from acts of age discrimination. You can file claims or sue your employer should you experience it.

Here's a quick guide on age discrimination in California:

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Applicable Age Discrimination Laws In Newport Beach, California

Most private-sector businesses with at least 20 employees are protected under the federal Age Discrimination in Employment Act (ADEA) of 1967. Any discrimination against people over 40 concerning any terms or conditions of employment is clearly prohibited under the ADEA. Additionally, the company may be held accountable if an individual experiences age-based harassment at work.

Similar age discrimination safeguards are found in California's Fair Employment & Housing Act (FEHA), a state law. The state statute, however, only applies to private enterprises with at least 5 employees, which is a crucial distinction. This indicates that many small enterprises in southern California must abide by the FEHA but not the ADEA. In addition, under the FEHA, employees may pursue some forms of damages that are not permitted under the ADEA, including punitive damages and compensation for emotional distress.

If you've been discriminated against at work, contact a prescreened Newport Beach employment lawyer.

When Can You File Age Discrimination Claims In Newport Beach?

Making the following commercial choices based on age is prohibited:

  • Hiring

  • Firing

  • Layoffs

  • Promotions

  • Demotions

  • Salary

  • Benefits

  • Assignments to Jobs

  • Performance Assessments

  • Training

It is not acceptable to state age preferences or restrictions in any job advertisements, set general age restrictions for apprenticeship programs, or inquire about an applicant's age throughout the hiring process.

According to the U.S. Supreme Court, the ADEA forbids practices and measures that seem neutral but unfairly harm older workers (disparate impact). If you need to figure out your potential claim, talk to a prescreened Newport Beach age discrimination attorney ASAP.

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What Are Considered Exemptions To Age Discrimination In California?

Despite the extensive federal and state bans on age discrimination, not all workplace practices that can negatively impact older workers are prohibited.

For instance, the following commercial activities are not technically prohibited by the FEHA:

  • Utilizing an applicant's "experience and training" when hiring or promoting them

  • Rehiring previous workers based on seniority or service history