Age Discrimination

Despite the strict employment discrimination laws in California, age discrimination is still a rampant issue. Age discrimination happens in the form of wrongful termination, harassment, or denial of opportunities based on a person's age. California law protects employees, especially those over forty years of age, from this type of discrimination.

You can hold your employer accountable for age discrimination by filing a claim with the California Civil Rights Department. Since age is a protected characteristic, you can also complain to the Federal Equal Employment Opportunity Commission. You will receive a right to sue after an investigation to validate your claims.

This allows you to file a lawsuit against the parties liable for the discrimination. Experiencing workplace age discrimination can be upsetting and unfair. At Sexual Harassment Attorney, we will offer the expert guidance you need to fight for justice and secure a favorable outcome in your case. We serve clients seeking legal insight to battle workplace discrimination lawsuits throughout California.

An Overview of Workplace Age Discrimination

Under California law, age discrimination is a form of discrimination directed toward individuals over forty. This type of discrimination is common in the workplace and involves adverse employment action against individuals under this category.

Age is protected under the California Fair Employment and Housing Act (FEHA), which applies to employers with five employees or more. Under FEHA, labor and union organizations are prohibited from exclusion, expelling, or restricting membership based on a person's age.

The primary purpose of this law is to prevent employers from taking action based on stereotypes and prejudices about the qualifications, performance, and work habits of employees over forty years old.

Signs of Workplace Age Discrimination

California and federal laws protect job seekers and employees forty years of age or older from discrimination based on age. You can claim age discrimination when you are a victim of the following acts:

• Unlawful termination. There are stereotypes about the work performance and productivity of older individuals. If you are over forty and believe you were wrongfully terminated due to age, you can report your employer to the relevant authorities or file a lawsuit against them.
• Instituting policies that affect older individuals. You can claim age discrimination if the workplace formulates policies that disadvantage you due to your age. However, you must prove that the policies did not exist before employment. If there are age-related rules, you should have been notified about them before signing the employment contract.
• Forcing the retirement of older workers. With the high living costs in California, some people must continue to work after retirement to meet their needs. Therefore, an employer should not force or encourage you to retire due to your age.
• Offensive comments. Sometimes, the jokes at the workplace can cross the realm of harassment and discrimination if they are uncomfortable with another person. For this reason, your employer must have the relevant policies to protect individuals over forty years. If you report offensive comments to an employer and they fail to take the necessary steps, you can file a claim against them.
• Negative performance reviews. Most employers have managers and supervisors who can report on each employee's performance. If you constantly receive negative reviews that you suspect are related to your age, you can file a claim against the employer.
• Job denial due to age. If your employer tends to give jobs to younger people and denies opportunities to you due to your age, you may have a claim against them. This could occur in cases where you are denied a job despite your qualifications and offered to a younger person with fewer qualifications.

The following instances do not constitute age discrimination and cannot be used as a basis for an age discrimination lawsuit against your employer:

• Setting hiring criteria for specific jobs.
• Providing youth or senior discounts for particular age groups.
• Accommodating specific physical needs that come with age.
• Denial of employment for minors in positions that are deemed hazardous.
• Charging high auto insurance rates for older adults based on risk.
• Laying off an older worker based on poor performance or a disciplinary issue.
• Setting a retirement age as outlined in company policies.

If you believe that you are a victim of age discrimination, you should not ignore it. Instead, you must take immediate action by obtaining further evidence to support your assertion. Going through the correct procedures ensures your claim is filed effectively and you get paid as much as possible.

If you plan to file a civil lawsuit against your company, speak with an attorney for further information on the statute of limitations to ensure the legitimacy of your claim.

Statute of Limitations for an Age Discrimination Lawsuit in California

You have a right to be compensated if you are a victim of age discrimination at the workplace. However, California has a statute of limitations on when to file a successful claim under these circumstances. Federal and state statutes of limitations set time limits within which your claim can be accepted.

Filing a claim after the statute of limitations has elapsed will result in dismissing the claim. You have up to two years to file your claim if you intend to pursue it under state laws. However, you have a one-year extension to file a claim under the Fair Employment and Housing Act. You will have three years to hold an employer accountable for workplace age discrimination.

FEHA applies to both public and private sector employers. Although three years could seem like a long time, the process you must follow for our claim could be lengthy and complicated. Therefore, beginning the claim process as soon as the discrimination occurs would be best. This helps ensure that you have enough evidence to build a solid lawsuit.

Process of Filing an Age Discrimination Lawsuit

Within three years of suffering workplace age discrimination, you should contact the Civil Rights Department or the Equal Employment and Opportunity Commission. A pre-complaint inquiry will determine whether the case can be accepted. After sixty days of presenting the complaint, an investigator will contact you to discuss further details of your claim.

If your complaint cannot be accepted, it will be dismissed, upon which you will have the right to sue your employer. If your complaint is accepted, it will be signed and sent to your employer.

The following are some of the ways through which the court could make your initial age discrimination complaint:

Use the Equal Employment Opportunity Commission Portal

You can complain about age discrimination by submitting an online inquiry with the EEOC. The EEOC website will require you to answer a few questions that will help determine whether they are the right federal agency to handle your complaint.

Report at EEOC Offices

You can book an appointment online or go into the EEOC offices to file a complaint if you are a victim of discrimination at work. This allows you to discuss your concerns with the EEOC staff members. In this case, you will receive guidance on holding your employer accountable for your suffering due to age discrimination.

After subletting your complaint, an EEOC staff member will prepare a complaint using the information you provided. If you have any evidence that could strengthen your claim, you can bring it to the office.

Through Telephone

Although you cannot submit an age discrimination claim through the phone, you can kickstart the claim process by calling the EEOC officers. A representative may ask fundamental questions about your complaint to determine whether the organization covers the complaint. Additionally, you will receive advice on how to move forward.

Through Mail

If you have a few days to file your claim before the statute of limitations elapses, the EEOC will provide directions on making your complaint. You can mail the EEOC a letter containing the following information:

• Your name, telephone number, and address.
• The name, email, and telephone number of the employer you are filing a claim against.
• The number of employees in your workplace.
• A description of the actions that you seek to report as age discrimination.
• The time when the discrimination occurred.
• Your signature.

Employer Response

After the relevant department has accepted your complaint, your employer will receive notice of the complaint. The employer will reply by denying or admitting the allegations that you made. No employer wants to be held liable for violating California's fair employment laws. Therefore, you should be prepared to battle it out with them.

Answer and Investigation

Following a response from your employer, the CRD or EEOC will review their answer and recommend dispute resolution services. This allows you and your employer to resolve the complaint. If you fail to reach an agreement, an investigation of the egg matter is launched.

An investigation on workplace age discrimination seeks to determine whether the actions against you violated California law. If it is determined that there was a violation, your case will go into the legal division.

Mediation

The Civil Rights Department's legal division will mandate that you participate in mediation, an alternative dispute resolution process. A third-party mediator will assist you and your employer in reaching a mutually acceptable resolution about the age discrimination issue. One advantage of mediation is that it allows you to settle the dispute without resorting to judicial review.

If you fail to settle the dispute through mediation, the CRD could file a lawsuit against your employer. Alternatively, the CRD can close the investigation, giving you an immediate right to sue your employer.

Filing a Lawsuit

When you file a civil lawsuit against your employer for workplace age discrimination, the judge will decide on the right action. However, you must prove the following factors to win your case:

• You are of protected age. Age is a protected characteristic under the California Fair Employment and Housing Act. However, this act only protects employees who are forty years or older. Therefore, you must prove that you fall within this bracket for a successful case.
• Prove that a policy was implemented to target your age. This will require evidence showing that a pattern or practice targeted you for your age. This could occur in cases where the policy was only implemented to adress you.
• Prove adverse action taken against you. If you suffered every action like demotion, salary reduction, or termination, you must establish that it occurred due to age.
• The number of employees at your workplace. The age discrimination laws in California only apply to employers with up to five employees at their workplace. Therefore, you must prove that your employer fits this category to claim age discrimination successfully.

You can present documents and witnesses to share your events when proving these factors. In instances where discrimination informs remarks by fellow employees, you must have reported the matter to your employer. If the employer fails to make necessary changes or lacks appropriate policies to address the matter, you will have a valid claim against them.

The burden of proof in your case will be higher when you file a claim under federal laws than when filing under state laws. Therefore, you must consider the strength of your evidence before pursuing a state or federal claim.

Filing a civil lawsuit may be complicated since you must follow the necessary steps to recover compensation. Therefore, you must hire and retain a reliable attorney to guide you through the claim process. Your attorney's role in this case will include helping you gather evidence for your claim and representing you during the court hearing.

Recovering Damages

After assessing your case and reviewing all the evidence you present, the judge will determine the amount you deserve as compensation. Standard compensation benefits you can recover from an age discrimination lawsuit include:

• Lost Wages

If the discriminatory act against you resulted in a pay reduction, termination, or demotion, you may be entitled to compensation for the lost amount. Lost wages can cover monthly income, bonuses, and overtime pay.

• Reinstatement

If you were demoted or lost your job due to age discrimination, a successful claim would result in an order from the court for your employer to reinstate you back to the position from which you were demoted or terminated.

• Lost Future Earnings

While reinstatement to your job is an option if you are wrongfully terminated due to age, many people prefer to find another job to avoid further hostility. If you're in this predicament, you can be compensated for losing future earnings before you find another suitable job.

• Higher Income from a Raise or Promotion

One of the common forms of age discrimination you could suffer at work is a denial of a promotion or raise. If you prove that you suffer this discrimination, the judge can award you compensation for the income you could have received from the promotion or pay raise.

• Reversal of Pay Reduction

In addition to paying you for the amount you lost due to the pay reduction, the court will order that the decision be reversed.

• Emotional Distress

Losing your job, dealing with sly comments from work, or other forms of discrimination due to your age can cause severe mental and emotional distress. Although you cannot put a dollar value to emotional suffering, you will be compensated for the emotional turmoil that the discrimination could have put you through.

• Court Costs and Attorney Fees

Filing and pursuing a civil lawsuit against your employer will require you to obtain legal representation. Additionally, you will incur the filing fee and other court costs associated with the lawsuit. If your lawsuit is successful, the court can award you compensation for the attorney fees and court costs.

Retaliation by your Employer

It is far too common for employers to retaliate against an employee for filing a discrimination lawsuit for participating in a civil action against you. However, the Fair Employment and Housing Act prohibits these actions. Common forms of retaliation actions against you could include:

• Demotion.
• Termination.
• Increased scrutiny.
• Negative performance reviews.
• Termination.

If you are a victim of retaliation for filing an age discrimination lawsuit, you can file another claim with the CRD and pursue another lawsuit for a chance at further compensation.

Find a Reliable Sexual Harassment Lawyer Near Me

Age discrimination in work can be challenging to deal with. If you are forty or older, you are protected from age discrimination in the workplace by the Fair Employment and Housing Act, regardless of whether your career is ending or just getting started. If you are a victim of age discrimination at work, you are entitled to compensation.

You have two options for doing this, including suing your company or submitting a claim under the Fair Employment and Housing Act. When filing your complaint, you must demonstrate that your advanced age was the reason for the discrimination against you. In this situation, if your lawsuit is successful, you could receive compensation for the money you lost when you were fired or demoted.

Additionally, you will be compensated for the legal fees and emotional distress caused by discrimination. While you navigate your age discrimination claim, you require the guidance of a skilled attorney. At Sexual Harassment Attorney, we offer expert legal guidance to our clients battling workplace harassment and discrimination lawsuits throughout California. Call us at 800-905-1856 to discuss your case.