Recognizing Cases In California Age Discrimination And Employment Law
According to California Age Discrimination Laws, employers and co-workers cannot make discriminatory employment actions based on age. Covered under state and federal laws, any such violation can be grounds for Age Discrimination Claims in California.
How do you know you can file Age Discrimination Lawsuits in California? First, let's talk about California employment discrimination law, age discrimination, and some examples to help you identify discrimination.
A Quick Overview Of California Employment Discrimination Law
Discrimination in California is centered around these two laws:
Fair Employment and Housing Act. State legislation governs the Fair Employment and Housing Act. The section dealing with age discrimination functions similarly to the ADEA. It does, however, apply to businesses with five or more employees.
In addition, it prevents firms from discriminating against employees above the age of 40. Individuals seeking a remedy under state law should submit a complaint with the Department of Fair Employment and Housing.
Age Discrimination in Employment Act. This federal statute bans employers with 20 or more employees from discriminating against 40 or older employees. This criterion has an impact on every area of the working relationship. It prohibits employers from targeting marketing or job postings to a specific age range or discouraging workers of a certain age or with particular disabilities.
Advertising for fresh college grads is often prohibited. However, it is not illegal to advertise a preference for staff aged 40 and up.
Note that isolated incidents might not be enough to file Age Discrimination Lawsuits in California. The discriminatory action needs to affect your employment or capacity to work, so off-handed remarks and one-time incidents might not always count.
However, it's always best to have California employment lawyers assess your case before deciding on your next move. An age discrimination lawyer in California will have the knowledge and experience, so it's best to consult them if you're not quite sure about filing Age Discrimination Claims in California.
Some Exceptions To Age Discrimination Claims in California
Some industries are allowed to have a preference for applicants of specific ages. For example, companies that hire pilots are legally allowed to set an age limit for their applicants.
Besides those few exceptions, any discrimination will be legal grounds to hire an age discrimination lawyer in Los Angeles.
Examples Of Employment Age Discrimination In California
To make it easier for you to determine the viability of Age Discrimination Lawsuits in California, you need to look at a few examples and compare them to yours.
Here are a few of the most common ways employment discrimination happens:
You were fired because of your age
Employers are not permitted to terminate your employment only due to your age. If employees can still perform their work duties, they may not be fired due to their age. If your employer or supervisors make insulting remarks about your age, take notice and listen for any witnesses who can attest to the nasty comments made about your age.
You were fired to keep younger, lower-paid employees
Employers and employees have a unique challenge as more young people enter the workforce. Because of their inexperience and lack of on-the-job abilities, youthful employees are less expensive labor.
Employers are attracted to lower-cost labor, but they are prohibited by law from dismissing a suitable applicant just because they are older. An employer cannot choose a young employee over a competent applicant simply because of their age if the young employee lacks the abilities required for the position or promotion.
Layoffs of mostly older employees, while younger workers with less experience were retained
Employers have been known to use mass firings to hide age discrimination. Of course, they'll argue it's a new direction, but this could be a smokescreen for trying to hire young staff for less money or simply letting older employees go.
Age preferences, limitations, and specifications were included in the job posting.
When you're looking at potential job advertisements, you'll notice that they usually feature a prerequisites section that details the specific qualifications the employer is seeking in candidates.
If there is no legal rationale for an age limitation in a position, it could be considered age discrimination. An employer may inquire about your age but not establish a maximum age limit unless the individual cannot perform the job duties. If an employer requests your age on your application, pay attention to the typical age range of the employees during interviews and at the office.
You were reprimanded for doing something that younger employees get away with
Employees should be held to the same standards and face the same penalties. If you see that you're being singled out for mistakes that younger employees make, your boss may be gathering information against you to justify terminating you and avoid being sued for age discrimination.
Your boss and co-workers are making it difficult for you to do your job
Employers will adjust how they negatively treat the employee, encouraging the older employee to depart as a systematic approach to avoid age discrimination-based termination. If an employee resigns, the employer is not required to terminate them for the cause. Any methods used to force an employee to quit should be documented.
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