How Do I Prove Age Discrimination in California?

Updated: Mar 4

2021 Guide On Age Discrimination At Work And How To Report It. A great employment lawyer can make a difference.

Age discrimination in the workplace is illegal in the state of California under the Fair Employment and Housing Act (FEHA) and under the Federal Age Discrimination in Employment Act (ADEA). California employees forty years of age and older are protected by age discrimination laws.

Age discrimination in the workplace is very common, however, sometimes is difficult to prove and you should immediately request an unbiased referral to a pre-screened California employment lawyer for a FREE case analysis. This post will explain what constitutes age discrimination in the workplace, your rights and how to report it.

Definition Of Age Discrimination in the Workplace

In the state of California is not illegal to discriminate against someone because he or she is too young for the job.

If the same employer denies a job opportunity, a promotion or a special project because he or she believes someone is too old, they are breaking the law.

The California Fair Employment and Housing Act prohibits employers from discriminating against anyone if the employee is over 40 years of age. Proof of employment discrimination in the workplace is when you can show that the employee:

  • Belongs to a protected class (over 40 years of age)

  • Has been the subject to adverse employment action such as a demotion, termination or suspension

  • Can prove that other employees outside the protected class were treated more favorably under the same circumstances.

Examples Of Age Discrimination In The Workplace

If you are 40 years of age or older and have been a victim of wrongful termination, demotion or have been harassed at work because of your age, you must report these actions immediately as they may constitute employment discrimination .

Under the Federal Age Discrimination Act and California Fair Employment Housing Act, individuals have the right to sue an employer for age discrimination and be compensated for damages including lost wages, benefits and emotional distress.

According to most Los Angeles Employment Lawyers we've interviewed, some examples of age discrimination in the workplace include:

  • Not being offered a job because the employer wanted a younger person to fill the vacancy.

  • Being fired because the employer wants to keep a younger staff.

  • Being turned down for a promotion because the employer wanted someone younger looking.

  • Harassment, name calling or making fun of your age.

  • Company layoffs where only older employees were let go

  • Receiving a negative job evaluation because the employer assumes you're too old for the job.

If any of these examples apply to you, you must seek for an experienced California age discrimination lawyer to assess the circumstances surrounding your claim. Hiring a good Los Angeles Employment Lawyer is essential to the outcome of your claim. Make sure the employment lawyer has the experience he or she claims to have and that they are not under any type of investigation by the California State Bar.

Under the ADEA and FEHA, it is against the law to discriminate against an employee because of his or her age with respect to any term, condition or privilege of employment, including, but not limited to hiring, firing, promotion, layoffs, compensation, job assignments, training and employment benefits.

Employers are not permitted to include age preferences, limitations or specifications in job postings and are not allowed to ask an applicant’s age or date of birth in certain during a job interview.

Filing An Age Discrimination Claim In California

A California employment lawyer with experience in age discrimination lawsuits can successfully gather and present the necessary evidence to proof your case.

If you believe you have been the victim of wrongful termination because of your age, or if you have been harassed at work, report your case as soon as possible.

  1. You can submit a request online 24 hours a day. Free case review within 15 minutes.

  2. By chat, you'll be connected with an employment lawyer within 5 minutes.

  3. By calling the employee right's 24-hour hotline at 1-661-310-7999

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