What To Know About Age Discrimination Laws In California

What To Know About Age Discrimination Laws

As an Orange County age discrimination lawyer with more than a decade of experience, I have seen the impact of age discrimination in the workplace. Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age. Understanding the legal protections available under California and federal laws is crucial for anyone facing this issue.

Age Discrimination Under Federal Law

Federal law, particularly the Age Discrimination in Employment Act (ADEA) of 1967, protects employees and job applicants aged 40 and over from age-based discrimination in the workplace. The ADEA applies to “employers with 20 or more employees, including local and state governments, employment agencies, and labor organizations.” The law also prohibits discrimination in any aspect of employment, including hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training.

The ADEA also makes it illegal to retaliate against an individual for opposing discriminatory practices, filing an age discrimination charge, or participating in an investigation, proceeding, or litigation under the ADEA. If you believe you have been a victim of age discrimination, the first step is to file a charge with the Equal Employment Opportunity Commission (EEOC) before you can proceed with a lawsuit in federal court.

One important aspect of the ADEA is that it allows for bona fide occupational qualifications (BFOQs). This means an employer can legally discriminate based on age if they can prove that age is a legitimate qualification reasonably necessary to the normal operation of the business. However, these cases are rare, and the employer bears the burden of proof.

Age Discrimination Under California Law

In California, the Fair Employment and Housing Act (FEHA) offers broader protections against age discrimination than federal law. FEHA applies to employers with five or more employees and protects workers aged 40 and older from discrimination in hiring, firing, promotions, job assignments, and other terms and conditions of employment.

FEHA also requires employers to take all reasonable steps to prevent discrimination and harassment. This includes implementing policies, conducting training, and promptly addressing any complaints of discrimination or harassment. If an employer fails to take these steps, it can be held liable for discrimination.

Under FEHA, an employee who believes they have been discriminated against must file a complaint with the California Civil Rights Department, formerly the California Department of Fair Employment and Housing (DFEH), within three years of the discriminatory act. The CRD will investigate the complaint and may issue a right-to-sue notice, allowing the employee to file a lawsuit in state court.

How Our Orange County Age Discrimination Lawyer Helps Employees

Navigating the complexities of age discrimination laws can be challenging, but you don’t have to face it alone. At the Law Office of Joseph Richards, P.C., we are dedicated to helping employees who have experienced age discrimination. Here’s how we assist our clients through each step of the process:

Initial Consultation – During your free consultation, we will discuss the details of your potential case, including your employment history, the discriminatory actions you’ve experienced, and any evidence you have gathered. This meeting will help us understand your legal situation and determine the best course of action.

Filing a Complaint – If we determine that you have a valid age discrimination claim, and once we have all agreed on the terms of representation, we may help you file a complaint with the appropriate agency—either the EEOC or the CRD. We will ensure that all necessary documentation is completed accurately and submitted within the required timeframe.

Investigation – Once a complaint is filed, the agency will investigate the allegations. We may assist you in providing any additional information or evidence requested by the agency and represent you during any interviews or hearings.

Negotiation and Mediation – In many cases, age discrimination claims can be resolved through negotiation or mediation. We will advocate on our client’s behalf to achieve a fair settlement or resolution that compensates for losses and ensures that discriminatory practices are addressed.

Litigation – If a settlement cannot be reached, we are prepared to take a client’s case to court. Our experienced litigators will build a strong case, presenting evidence and arguments to demonstrate that age discrimination occurred and seek appropriate remedies, possibly including back pay, front pay, reinstatement, and damages for emotional distress.

Post-Judgment Relief – If we win your case, we will see that judgment is enforced and that you receive the compensation awarded. We will also work with a client to address any ongoing issues related to employment or future job prospects.

Age Discrimination Frequently Asked Questions

What qualifies as age discrimination?

Age discrimination involves treating an applicant or employee less favorably because of their age. This can include being passed over for a promotion, receiving unfair performance reviews, being excluded from training opportunities, or being terminated due to age. The key factor is that the adverse action is based on the individual’s age and not their performance or qualifications.

How can I prove age discrimination?

Proving age discrimination requires evidence that age was the primary factor in the adverse employment decision. This can include direct evidence, such as discriminatory statements made by a supervisor, or circumstantial evidence, such as a pattern of younger employees being favored over older employees. Documentation, witness statements, and performance reviews can also support a claim.

What is the difference between the ADEA and FEHA?

The ADEA is a federal law that applies to employers with 20 or more employees and protects workers aged 40 and older. FEHA is a California state law that applies to employers with five or more employees and also protects workers aged 40 and older. FEHA provides broader protections and requires employers to take proactive steps to prevent discrimination.

What should I do if I experience age discrimination?

If you believe you have experienced age discrimination, document the incidents, including dates, times, and details of what occurred. Report the discrimination to your employer and follow their procedures for addressing such complaints. If the issue is not resolved, consider filing a complaint with the EEOC or CRD (formerly DFEH) and consult with an experienced age discrimination lawyer to discuss your options.

How long do I have to file a complaint?

Under the ADEA, you must file a charge with the EEOC within 180 days of the discriminatory act. In California, you must file a complaint with the CRD within three years of the discriminatory act. It’s important to act quickly to ensure your rights are protected and to preserve your ability to seek legal remedies.

Why Choose Law Office Of Joseph Richards, P.C.

Choosing the right legal representation is crucial when facing age discrimination. At the Law Office of Joseph Richards, P.C., we have decades of experience in employment law and a proven track record of success in handling age discrimination cases. Our commitment to our clients is unwavering, and we take pride in providing personalized, compassionate, and effective legal services.

We understand the emotional and financial toll that age discrimination can take on individuals and their families. Our goal is to help you achieve justice and receive the compensation you deserve. We will stand by your side throughout the entire legal process, from the initial consultation to the resolution of your case, ensuring that your rights are protected and your voice is heard.

Call Our Orange County Age Discrimination Lawyers For Your Free Consultation

If you or a loved one has experienced age discrimination in the workplace, don’t hesitate to contact Law Office of Joseph Richards, P.C. Our Orange County age discrimination lawyers are ready to discuss your potential case and help you understand your legal options. We represent clients in Orange County, Riverside County, San Bernardino County, and throughout the Inland Empire. Contact our Orange County age discrimination lawyer today by calling (888) 883-6588 to receive your free consultation and take the first step toward justice.

At Law Office of Joseph Richards, P.C., we are committed to fighting for employees’ rights and ensuring that age discrimination is addressed and rectified. Your potential case matters to us, and we are here to help a client every step of the way.