Age Discrimination
California Age Discrimination Lawyer
Standing Up for Your Rights
At Grigorian Law, P.C., we are dedicated to upholding justice for victims of age discrimination in California. The following provides information on age discrimination under the Fair Employment and Housing Act (FEHA), and how our legal team can assist you if you’ve been subject to such discriminatory practices.
What is Age Discrimination?
Age discrimination often occurs when an employee or job applicant, 40 years or older, is treated unfairly solely based on their age. FEHA prohibits age discrimination in California, ensuring that every employee has an equal opportunity to succeed in the workplace irrespective of their age. FEHA is a powerful state law that provides broader protections against age discrimination than federal laws. Under FEHA, it is unlawful for an employer to discriminate against an employee aged 40 or older based on their age.
This includes all aspects of employment, such as hiring, firing, promotions, layoffs, compensation, benefits, job assignments, training, or any other term or condition of employment. Unlike federal law, which generally only applies to employers with 20 or more employees, FEHA applies to employers with five or more employees.
Recognizing Age Discrimination
Age discrimination can manifest in various ways, such as:
- Hiring Practices: Favoring a younger candidate over an older one with equal or better qualifications.
- Promotions: Overlooking an older employee for a promotion despite qualifications and experience.
- Terminations and Layoffs: Targeting older employees for termination or layoffs.
- Job Assignments: Assigning less desirable jobs or tasks to older employees based on their age.
- Compensation: Paying older employees less than younger ones for doing the same job.
Age Discrimination Scenarios
Here are some common scenarios that might constitute age discrimination:
- An experienced employee over the age of 40 is passed over for a promotion in favor of a younger, less experienced colleague.
- A company lays off a group of its oldest employees under the pretext of cost-cutting.
- An older worker is consistently given undesirable tasks not aligned with their role or experience.
- A hiring manager might not consider a job applicant who is over 40 because they believe the applicant is “overqualified” or won’t fit in with younger employees.
- An employer might lay off older employees while keeping younger ones in a downsizing scenario, based on the presumption that younger employees are more adaptable or cost less.
- A supervisor might give a promotion to a younger employee, overlooking a more qualified older employee, because of a belief that the older employee will retire soon.
Remedies for Age Discrimination
If you have been a victim of age discrimination, you may be entitled to remedies such as:
- Back pay for lost wages
- Front pay for future lost wages
- Reinstatement to your job
- Compensation for emotional distress
- Punitive damages
What to Do if You Experience Age Discrimination
If you believe you have been a victim of age discrimination:
- Document the Discrimination: Maintain a detailed record of every incident, including dates, places, people involved, and the nature of the discrimination. If you have informed your supervisor or human resources department in writing (e.g., email or text message), then make sure to save a copy or screenshot of the writing.
- Consult a Lawyer: Seek legal advice to understand your rights and potential legal action.
Further Information
For more detailed information about FEHA and age discrimination, you can visit the DFEH’s website at www.dfeh.ca.gov.
How We Can Help
At Grigorian Law, P.C., we are well-versed in the nuances of age discrimination laws in California. We provide expert legal representation to plaintiffs, ensuring their rights are protected. If you believe you’ve been subject to age discrimination, you may reach out to us for a free consultation.
Remember, your age is a testament to your experience and wisdom – not a barrier to your success. We’re here to make sure your rights are respected.
