If you are the victim of age discrimination in the workplace, you are not alone. Over 60 percent of all workers between the ages of 45 and 74 say they have seen or experienced age discrimination at work.
To combat age discrimination in the workplace, the federal Age Discrimination in Employment Act and California’s Fair Employment and Housing Act protect employees and job applicants who are age 40 or older from negative personnel decisions based on age at every stage of the employment process.
If you believe you have been discriminated against because you are 40 years old or older, we encourage you to contact us to see how we can help. You may be entitled to compensation. We will evaluate your claims, explain the discrimination and leave laws and your legal options, and propose a strategy to obtain the justice you deserve.
Our age discrimination lawyer handles all discrimination cases on a contingency basis. If we take your case, you pay us nothing unless and until we obtain a settlement or verdict for you. Contact us online or at (213) 863-4276 to schedule a free, initial consultation.
Recognizing Age Discrimination in the Workplace
Age discrimination occurs where an employer takes an adverse employment action against an employee or job applicant because that individual is 40 years old or older.
Age discrimination in the workplace can be subtle and take several forms. Common examples include:
- You weren’t hired, or you were passed over for a promotion, in favor of a younger, less-qualified person because the employer wanted a “younger looking” person in the position.
- After a long career with stellar performance reviews, your manager provides you with your first negative performance reviews for minor offenses or fabricated reasons, and then uses those performance reviews to justify a termination or demotion.
- When company layoffs are announced, most of the persons laid off are older, while younger workers with less on-the-job experience and less seniority are kept on.
- Before you were wrongfully fired, your supervisor made age-related derogatory remarks about you, e.g., that you are “over-the-hill,” “ancient,” “old-fashioned” or that the company needs “new energy.”
- You were denied leadership/management training and laid off to make way for younger leaders/managers.
These are only examples. In the digital age, discrimination based on age often can be difficult to detect because job applicants may only know that they did not get the job. If you are a well qualified older candidate and applied for a position through an online submission process, and did not receive a callback, you also may have been the victim of age discrimination.
If you’ve experienced any of these types of discrimination or some other form of discrimination, we can help. Contact us now online or at (213) 863-4276 to schedule a free, confidential consultation.
What You Can Do Now About Age Discrimination
If you believe you may have a claim for age discrimination in the workplace, you can take a number of steps to protect yourself and preserve your legal rights.
1
Journal
Keep a journal of the discriminatory acts you’ve experienced based on your age, including dates, places, times, names of the persons involved and names of witnesses. Keep this journal at home or in a safe place, and not at work.
2
Report It in Writing
Many employers have age discrimination policies in their employee handbook. If your employer does, follow the procedure in the handbook for reporting age discrimination and harassment. If your employer does not, make a written report to your supervisor or someone in human resources. This report does not need to be long or formal. An email will work fine.
3
Keep Records
Keep copies of emails and other documents that you have sent or received from your employer regarding your complaint. Keep copies of emails and other documents, too, that you have received that you suspect are discriminatory or harassing. If your employer has an employee handbook, obtain a copy. Also, keep copies of positive performance reviews and letters. Keep these records at home or in a safe place, and not at work.
4
Don’t Quit
No one wants to experience age discrimination at work. We understand that. But employees who quit before reporting harassment and age discrimination will have a more difficult time winning a lawsuit. If you’re experiencing a stressful workplace, talk to an experienced employment attorney about how to preserve your legal claims.
5
Take Care of Yourself
Seek professional counseling or treatment if you are experiencing emotional distress, anxiety, depression or other psychological symptoms because of age discrimination.
6
Contact an Employment Attorney
Contact an employment law attorney at Custis Law, P.C. online or at (213) 863-4276 to schedule a free, confidential consultation.
The Legal Landscape: Age Discrimination Laws
California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act of 1967 (ADEA) protect individuals who are 40 years old or older from employment discrimination based on age.
Both the FEHA and ADEA prohibit employers from discriminating on the basis of age at any stage of the employment process, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. These prohibitions extend to both employees and job applicants.
Both laws also apply to advertisements, which can only include age limitations if age is a bona fide occupational qualification based on business necessity.
Although the FEHA and ADEA are similar, California’s FEHA generally offers more protection to employees. While the ADEA only applies to an employer with 20 or more employees, FEHA’s anti-discrimination prohibition applies to employers with 5 or more employees and FEHA’s anti-harassment prohibition applies to all employers. FEHA also enables plaintiffs to recover unlimited damages, but ADEA does not allow for the recovery of any emotional distress or punitive damages.
Given the greater protection and unlimited damages offered by California’s FEHA, Los Angeles discrimination attorneys generally prefer to assert claims under California law.
Let a Los Angeles Age Discrimination Attorney Fight for You
To learn more about how a Los Angeles age discrimination attorney from Custis Law, P.C. can help you, contact us online or at (213) 863-4276 to schedule an initial, free consultation. An employment lawyer will review your case, explain California’s discrimination laws and your options, and propose a strategy for protecting your civil rights.
We handle all age discrimination cases on a contingency basis. If we take your case, we don’t get paid unless and until we obtain a settlement or verdict for you.
Contact Custis Law, P.C.
If you would like to schedule a free, no-risk consultation with Custis Law, P.C., call (213) 863-4276 or submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.