Age Discrimination

We Handle Age Discrimination Claims in Orange County and Throughout the Inland Empire

At the Law Office of Joseph Richards, P.C., our California age discrimination lawyers are passionate and effective advocates for justice. There are federal and state laws in place to help ensure that older employees have access to equitable opportunities in the workplace. If you believe that your rights were violated, you should speak to a professional. To set up a free, confidential consultation with a California age discrimination lawyer at the Law Office of Joseph Richards, P.C., please call us at (888) 883-6588 today.

Age Discrimination is a Serious Problem in the Workplace

Unfortunately, older workers face some barriers in the workplace. According to data from the AARP, two out of three workers between the ages of 45 and 74 report that they have personally witnessed or endured age-based discrimination in the workplace. Instead of being evaluated on their individual qualifications, too many older workers are forced to deal with unfavorable stereotypes about what they can and cannot do based on their age. 

An Overview of Federal and State Age Discrimination Laws

There are federal and state laws in place that prohibit age discrimination in the workplace. Whether you are covered by these laws depends, primarily, on the size of your employer. Here are the key things to know about the age discrimination laws that may apply to workers in Southern California: 

• Federal Law: The primary federal law that bars age-based discrimination in the workplace is the Age Discrimination in Employment Act (ADEA). Under the ADEA, it is unlawful for covered employers to treat older workers any less favorably than similarly qualified younger workers. The ADEA prohibits age discrimination against workers who are 40 years of age or older. One of the central limitations of the ADEA is that it does not apply to all employers in Orange County, Riverside County, and San Bernardino County. The ADEA covers employers with 20 or more workers who work at least 20 weeks during the year. 

• State Law: Age discrimination in the workplace is also barred under the California Fair Employment and Housing Act (FEHA). Similar to federal law, FEHA bars age-based discrimination against employees who are 40 years of age and older. The main difference between the ADEA and FEHA is that the California state statute applies to far more workers. It covers all employers with five or more total employees, including part-time workers. In other words, a victim may have an age discrimination claim under FEHA even if not protected by federal law. If you believe that your rights were violated under FEHA, contact a California age discrimination lawyer to set up a free initial consultation. 

What are Some of the Most Common Examples of Age Discrimination? 

Age discrimination occurs when an older worker endures some type of unfavorable treatment that is motivated, at least in part, by their age. It can come in many different forms. Notable examples of conduct that could be considered age discrimination include: 

• Refusal to Hire: Refusal to hire is perhaps the most common form of age discrimination. Some employers will simply pass overqualified candidates due to their older age. Doing so may constitute illegal age discrimination. 

• Denial of Promotion: Employees over 40 should be given a fair and equitable opportunity to advance in the workplace. Denial of a promotion or an opportunity to truly compete for a promotion may be a form of age discrimination. 

• Targeting in Layoffs/Staff Reduction: Some employers target older workers in layoffs and staff reductions. The ADEA and FEHA emphasize that a worker’s older age should not be used against them. Targeting an older worker for layoffs may be age discrimination. 

Ultimately, every age discrimination claim is different. These are highly fact-intensive employment law cases. An allegation of age-based discrimination in the workplace should always be carefully investigated by an experienced attorney. 

You Have the Right to Report Age Discrimination 

You should be able to report age discrimination without fear of facing retribution. If you believe that you were the victim of age discrimination in violation of the federal Age Discrimination in Employment Act (ADEA) or the California Fair Employment and Housing Act (FEHA), you have the right to report the matter internally within your company and/or to file a formal complaint. Doing so is a protected activity under state and federal law. 

When an employer takes adverse action against a worker because that worker engaged in a protected activity, they may be liable for retaliation. As explained by the Equal Employment Opportunity Commission (EEOC), retaliation is an unlawful practice used by employers to discourage and punish employees who exercise their rights. If you were punished for reporting age discrimination in the workplace, contact a California retaliation lawyer for a free consultation. 

How California Age Discrimination Lawyer Joseph E. Richards Can Help Clients

Age discrimination claims are complicated. If you were the victim of age-based discrimination in the workplace, it is normal to feel hurt, frustrated, and overwhelmed by the situation. Our founder lawyer Joseph E. Richards is a skilled, experienced advocate for employees’ rights. We offer proactive and dynamic representation to clients with a focus on justice. Among other things, our Orange County & Riverside County age discrimination attorney is prepared to: 

• Listen to your story and explain the law during a free initial consultation.
• Thoroughly investigate our client’s claim—securing evidence of age discrimination.
• Devise a customized legal strategy to help our client secure the best possible outcome. 

Schedule a Free Consultation with a California Age Discrimination Attorney Today

At the Law Office of Joseph Richards, P.C., our experienced Southern California age discrimination lawyers are seasoned, passionate advocates for clients. Employees should not be forced to endure discrimination based on stereotypes about their age. Give the Law Office of Joseph Richards, P.C. a call at (888) 883-6588 to set up your free, strictly confidential consultation. 

If you believe you were the victim of age discrimination, we may be able to help. We handle age discrimination claims in Orange County and throughout the Inland Empire, including Anaheim, Costa Mesa, Garden Grove, Santa Ana, Fullerton, Riverside, and beyond.