The US Equal Employment Opportunity Commission defines age discrimination as mistreating an employee due to age factors. The older generation tends to be more costly than their younger counterparts due to their vast workplace knowledge, experience, and competency. For this and other reasons, it is not uncommon for employers to discriminate against older workers.
You should never allow your age to define your abilities. Both US and California laws give you the same opportunities and treatment as other employees. You should understand these laws if you experience age discrimination. At Fraigun Law Group, our Sherman Oaks age discrimination lawyer understands ADEA and FEHA age discrimination laws to help protect your rights and settle your case for fair compensation.
We have handled various work-age discrimination cases such as age harassment, discrimination layoffs, and position discrimination. You are just a call away from talking to an experienced Sherman Oaks employment law attorney whenever you feel mistreated by your employer due to your age. Call 818-981-1800 for a free consultation.
What Constitutes Age Discrimination in the Workplace?
Age discrimination manifests itself in different scenarios. Some of them include:
- The employer makes discriminatory remarks regarding your age, inquired when you would retire, or made offensive comments about you being slow or not knowing how to utilize technology, etc.
- You are replaced by a considerably younger person with weaker or, at most, the same qualities as you due to your age.
- Layoffs or staff cutbacks significantly impact older workers more than their younger counterparts.
- Younger employees receive more attention regarding compensation, promotions, working conditions, and other factors.
- You are not receiving training or other opportunities to advance in the organization, such as missing crucial meetings due to your age.
- The employer shows a preference for hiring persons in their twenties and thirties.
- You are subjected to conflicting or inconsistent regulations and standards due to your age, for example, facing harsher punishment than a younger employee accused of the same wrongdoing.
In this digital world, most employers are laying off or failing to hire older workers due to the assumption that they are too old to adapt to technology and other reasons. These are all forms of claimable age discrimination.
Understanding the Age Discrimination in Employment Act
In 1967, the Age Discrimination in Employment Act (ADEA) was brought into law to safeguard workers aged 40 to 70 in companies with at least 20 employees. The act states that people cannot be treated differently at work based on their age. It bars employers from specifying an age preference in job ads.
The law also preserves benefits for workers over the age of 65 and promotes the growth of apprenticeship programs. If an employer can demonstrate that age is an actual employment necessity, the ADEA standards may not apply. According to the ADEA, an employer cannot force you to retire at a set age.
In California, two sets of laws protect you from employment-related issues. In addition to ADEA, the other main law set is the Fair Employment and Housing Act, FEHA. However, the two differ in the protection scopes, considering FEHA applies to businesses with at least five employees. Both ADEA and FEHA have the same legislative intent, but the court uses the set that will highly protect your rights in relevant cases.
Age Discrimination: Causes & Statistics
In the United States, one out of every five workers is now 55 or older because people live and work longer, which increases workplace ageism.
Typically, an employer won’t fire you because of emotions such as hatred but because of stereotypes or financial considerations. Most employers believe that older employees make the company look less modern, won’t stay with the company for long, or will require more medical care.
According to a recent study, 30% of people over 53 face age discrimination. According to another recent study, 64% of workers have either been mistreated at work because of their age or have witnessed it.
It’s no surprise that older workers are more likely to be fired and have more difficulty finding new employment than their younger counterparts. Generally, it takes longer for someone over 55 to find work than for someone younger.
Age Discrimination Can Be Subtle, an Employment Law Attorney Can Help
Most employers and supervisors who discriminate against people based on their age refuse to admit it; instead, they attempt to justify their actions by blaming factors other than age, such as poor employee performance, downsizing, workforce reductions, or company reorganization. There is no conclusive evidence of age discrimination, but victims can frequently prove their claims through indirect or circumstantial evidence.
If you believe you have been mistreated for your age, contact a Sherman Oaks age discrimination lawyer at Fraigun Law Group in CA. No matter how complex your situation is, we are ready to assist you in determining the best course of action. We will look after your needs and defend your rights.
In addition to condemning discrimination, the FEHA states that an employer cannot harass you because of your age. When an employer creates or permits a hostile, offensive, or frightening work environment, it makes it difficult for you to do your job.
Slurs, jokes, and rude comments about your age are the most common forms of age-based harassment. You can use such remarks to support a claim of age discrimination as well as a claim of age harassment. It is possible to file a harassment claim against both the company and the harasser.
How to Prove Age Discrimination in Sherman Oaks, CA
You should report any discrimination you experience at work to your boss and the Human Resources department. If you cannot reach an agreement with these parties, you should consider filing an age discrimination claim with the Equal Employment Opportunity Commission (EEOC). Keep all evidence that you were not equally treated as it is necessary to support your claim.
The following are examples of proofs that could be included in this group:
- Emails, chats, and other online documents that reveal prejudice
- A copy of your complaint about discrimination to Human Resources
- Other employees’ tales about the discrimination
- Any extra evidence relevant to your case, such as who was chosen for the job you were not offered
After you submit a claim with the EEOC, the agency will investigate whether discrimination occurred and, if so, what the best course of action is to resolve the issue. It may be able to help you get a settlement if it decides that the bias caused you to lose money. If you and your boss can’t agree, you can file a discrimination lawsuit and have the court decide.
Deadline to File a Discrimination Claim in CA
When filing a state relief, you must file a complaint with the Department of Fair Employment and Housing of California, DFEH, within one year of the discriminatory act. DFEH will issue you a right-to-sue letter if you go through the proper administrative process. After this, you have exactly one year to file your age discrimination lawsuit against your employer.
If you are pursuing a federal relief, you should file the case within 300 days of the discriminatory act with DFEH or the Equal Employment Opportunity Commission, EEOC. If you get a right-to-sue letter, you have precisely 90 days to file a case regarding your federal claims. However, there are some exceptions to these limits, and the best you can do is consult an age discrimination attorney.
Talk to an Experienced Sherman Oaks Age Discrimination Attorney
Has your employer discriminated against you at your workplace in California? Are you finding it challenging to file an age discrimination lawsuit? Your employer might disguise the activity by stating that the layoff was imminent or that your younger replacement was more qualified.
Age discrimination is illegal! Do not allow a mere occasion of age discrimination to ruin your career. A reputable age discrimination attorney can help you file a claim and pursue fair compensation regarding your employment-related issues.
At Fraigun Law Group, our experienced Sherman Oaks age discrimination lawyer has immense knowledge of employment age discrimination and retirement laws. If you feel discriminated against at work today for your age, contact us at 818-981-1800 to speak to an experienced age discrimination attorney.