Age Discrimination Lawyer

August 20, 2024

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.

April 23, 2024April 23, 2024

How To Recognize And Report Age Discrimination In California

Age discrimination refers to the unfair treatment of individuals based on their age, particularly in the workplace. It can manifest in various forms, including hiring biases, promotion denials, or discriminatory remarks. In California, where diversity and inclusivity are valued, recognizing and addressing age discrimination is crucial for fostering a fair and equitable work environment.

Importance of Recognizing and Reporting Age Discrimination in California

Recognizing and reporting age discrimination in California is essential for upholding the rights and dignity of individuals in the workforce. By identifying discriminatory practices, individuals can take proactive steps to address inequality and advocate for fair treatment. Moreover, reporting age discrimination is vital for holding employers and organizations accountable for their actions, ultimately promoting a culture of diversity, equity, and inclusion.

Failure to address age discrimination not only perpetuates injustice but also undermines the principles of equality and fairness that are fundamental in the workplace. By raising awareness of age discrimination and reporting instances of unfair treatment, individuals contribute to the creation of a more inclusive and respectful work environment for themselves and future generations. Therefore, understanding the signs of age discrimination and knowing how to report it are essential steps in safeguarding the rights and well-being of all individuals in California’s workforce.

Signs of Age Discrimination

Recognizing the signs of age discrimination is crucial for individuals in California to protect their rights and advocate for fair treatment in the workplace. Here are some common indicators to watch out for:

Hiring and Firing Practices – Age discrimination may be evident in hiring and firing decisions, such as job postings specifying age preferences or biases against older applicants during the recruitment process. Similarly, instances of older employees being disproportionately targeted for layoffs or termination may suggest discriminatory practices based on age.
Promotion and Demotion Decisions – Age discrimination can also manifest in promotion and demotion decisions within an organization. Older employees may be overlooked for advancement opportunities in favor of younger colleagues, or they may be unfairly demoted or transferred to less desirable positions based on their age.
Unfair Treatment in the Workplace – Employees who experience age discrimination may face unequal treatment in the workplace, such as being excluded from important meetings or projects, receiving less favorable assignments, or being denied training and development opportunities based on their age.
Harassment Based on Age – Harassment based on age, including derogatory comments, jokes, or offensive remarks about an individual’s age, is a clear indicator of age discrimination. This type of behavior can create a hostile work environment and negatively impact an employee’s morale and well-being.
Disparaging Remarks or Jokes About Age – Employees may also encounter disparaging remarks or jokes about their age from colleagues, supervisors, or managers. These comments, even if intended as humor, can contribute to a culture of ageism in the workplace and signal underlying biases against older workers.

By recognizing these signs of age discrimination, individuals can take proactive steps to address unfair treatment and advocate for their rights in the workplace. Additionally, understanding these indicators empowers employees to report instances of age discrimination and work towards creating a more inclusive and equitable work environment for all.

Recognizing Age Discrimination

Recognizing age discrimination is essential for individuals in California to protect their rights and address unfair treatment in the workplace effectively. Here are some practical steps to help identify instances of age discrimination:

Awareness of State and Federal Laws – It’s crucial to familiarize oneself with both state and federal laws that prohibit age discrimination in the workplace. In California, the Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA) provide protections against age-based discrimination. Understanding these laws and their provisions can help individuals recognize when their rights may have been violated.
Understanding Company Policies on Discrimination – Employers in California are required to have policies and procedures in place to prevent and address workplace discrimination, including age discrimination. Employees should review their company’s policies and familiarize themselves with the procedures for reporting discriminatory behavior. Knowing what constitutes discrimination according to company policies can help individuals identify and address inappropriate conduct in the workplace.
Keeping Records of Discriminatory Incidents – Keeping detailed records of any incidents or behaviors that may suggest age discrimination is essential. This includes documenting dates, times, witnesses, and specifics of the discriminatory actions or remarks. These records can provide crucial evidence if individuals decide to file a complaint with their employer or pursue legal action against discrimination.
Seeking Advice from Trusted Colleagues or Our Legal Professionals – If individuals suspect they are experiencing age discrimination but are unsure how to proceed, seeking advice from trusted colleagues or our legal professionals can be beneficial. Colleagues who have experienced similar situations may offer valuable insights or support, while legal professionals, such as employment lawyers or California wrongful termination attorneys, can provide guidance on the best course of action to address age discrimination effectively.

By following these steps and remaining vigilant, individuals can better recognize instances of age discrimination in the workplace and take appropriate action to protect their rights and promote a fair and inclusive work environment.

Reporting Age Discrimination

Reporting age discrimination is crucial for holding employers accountable and seeking recourse for unfair treatment. Here are steps individuals can take to report age discrimination effectively:

Internal Reporting Procedures within the Company – Many companies have internal policies and procedures for reporting discrimination and harassment. Employees should familiarize themselves with these protocols and follow the appropriate channels for reporting age discrimination incidents to their supervisors, human resources department, or designated compliance officer.
Filing a Complaint with the California Department of Fair Employment and Housing (DFEH) – If internal reporting procedures do not resolve the issue or if individuals prefer to seek external assistance, they can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH is responsible for enforcing California’s anti-discrimination laws and investigating claims of workplace discrimination, including age discrimination.
Seeking Legal Counsel to Explore Options for Legal Action – In cases where age discrimination persists or remains unresolved through internal or external reporting, individuals may consider seeking legal counsel from our experienced employment attorney. Our attorney can assess the situation, provide advice on potential legal remedies, and represent individuals in negotiations or legal proceedings to address age discrimination effectively.
Understanding the Statute of Limitations for Filing a Claim – It’s essential for individuals to understand the statute of limitations for filing a claim of age discrimination in California. Under state law, individuals generally have one year from the date of the discriminatory act to file a complaint with the DFEH. However, it’s advisable to consult with a legal professional to ensure compliance with specific deadlines and requirements for filing a claim.

By following these steps and taking appropriate action, individuals can help combat age discrimination in the workplace and seek justice for unfair treatment based on their age. Reporting age discrimination not only protects the rights of individuals but also contributes to creating a more inclusive and equitable work environment for all employees.

Call Our Orange County Age Discrimination Lawyer For Legal Help Today

At Law Office of Joseph Richards, P.C., we firmly stand against employment discrimination in California. We believe that no one should face injustice in the workplace based on factors such as race, gender, age, marital status, or other legally protected characteristics. Our legal team is highly experienced in handling employment discrimination cases and has a successful track record of obtaining compensation for individuals who have experienced discrimination at work.

To receive a free consultation, call our Orange County age discrimination lawyer at Law Office of Joseph Richards, P.C., at 877-562-9637 or 877-JOB-WOES . Our law firm serves clients throughout the state of California, including Orange County, Riverside County, San Bernardino County, and throughout the Inland Empire.

September 22, 2023May 30, 2024

How Is Age Discrimination In California Proven?

Americans are working older and working longer than they did decades ago, and age discrimination in the workplace is a rising problem. This fact is revealed in current statistics – the AARP states that 2/3 of workers between 45 and 74 have seen or dealt with age discrimination at work. Also, workers over 35 say that age discrimination hinders hiring.

In this blog post, find out how to prove age discrimination in California. If you have questions about a case, our Corona age discrimination lawyer at Law Office of Joseph Richards, P.C., can review your legal situation by scheduling an appointment for a free consultation today. Our attorneys are well acquainted with the state and federal laws enacted to ensure that older workers are treated fairly.

What Are Common Kinds Of Age Discrimination?

Age discrimination is common, but most employers will not come out and say, ‘you are too old’ for this or that job or project. This type of discrimination is often subtle, with these types being the most common:

Refusal to hire: This could be the most common form of age discrimination. Suppose you go to a job interview and are well qualified, but you find out that someone much younger with fewer qualifications was hired. This could be age discrimination.
Denying promotions: Workers over 40 should be allowed to advance in their careers. Denying a promotion to someone older also could be age discrimination.
Older workers laid off: Some workers might target more senior employees when there are staff reductions or layoffs. State and federal discrimination laws state that employees’ age should not factor in layoffs.

Signs Of Age Discrimination

In some companies, age discrimination is so common it can be challenging to see. Some of the most common types of age discrimination include the following examples. If you experienced any or many of these scenarios, you do not need to put up with it. Report the mistreatment promptly and speak to an age discrimination attorney today:

An organizational culture that leads to certain positions only being available to younger people. For example, a manager tells you not to apply for sales work because they only hire attractive, more youthful people.
Teasing or nicknames based on your age. For example, simply being referred to as ‘old timer’ or ‘old-school’ could be signs of age discrimination.
Not getting a job or promotion because of age. For instance, someone might say they are surprised you applied for the job because you are not far from retirement.
Only hiring younger employees: If you notice that your company only recruits at high schools and colleges, this might be a way it is trying to skirt state and federal discrimination laws.
A layoff that only affects older workers. It is common for more senior employees to have higher salaries, so there may be efforts to eliminate people that cost the company the most.

How To Report Age Discrimination

If you suspect age discrimination at work, you should be able to report it without fear of retaliation. If you think your employer discriminated against you in violation of the California Fair Employment and Housing Act (FEHA) or the federal Age Discrimination in Employment Act (ADEA), you are entitled to file a formal complaint. Your right to do so is protected by state and federal law.

You have several options to report your discrimination allegation in California. First, you can file a complaint with the California Civil Rights Department (CRD) or the US Equal Employment Opportunity Commission (EEOC).

If you file an age discrimination complaint with the EEOC, it also will be filed with the CRD, so you do not need to make two reports. Filing with the EEOC also results in a report to the CRD, but the EEOC will investigate.

Can You File A Lawsuit Against The Employer?

Filing an age discrimination complaint does not preclude you from filing a discrimination lawsuit against your employer. You can file the lawsuit before or after filing the complaint. However, you must obtain a ‘right to sue’ letter from the CRD or EEOC to file a suit. After you get this notice, you usually have a year to file a lawsuit against your employer.

You should talk to an age discrimination attorney before obtaining the right-to-sue letter. Once you receive the notice, you could forfeit rights to various investigation and dispute resolution processes offered by the CRD and EEOC. This could be beneficial in some cases and add complexity in others. Thus, it is best to speak to an age discrimination attorney first.

How Do You Prove Age Discrimination?

To prove you were discriminated against because of your age, there are several things you need to show. They are:

You are at least 40.
You suffered an adverse employment action, such as not being hired or laid off.
You were qualified for the work and met the expectations of the company.
The position stayed open or was filled by someone else who was much younger and similarly qualified. This involves showing that people under 40 get better treatment than you in the same situation.

Compensation Available In An Age Discrimination Settlement

What you can receive in an age discrimination settlement can vary widely. Some of the possible types of compensation may include:

Back pay: This money makes up the difference between how you were paid and what you should have received without age discrimination.
Non-financial relief: The company may be ordered to reinstate you, reinstate work benefits, or change hiring and promotion practices.
Front pay: This payment makes you whole if you cannot be rehired or put in an illegally denied position.
Economic damages: This is money for out-of-pocket costs that you had related to age discrimination.
Noneconomic damages: Compensation for the mental and emotional harm you suffered.
Legal expenses.
Punitive damages: This type of damages might be awarded to punish the company if its behavior was reckless or malicious.

Contact Our Corona Age Discrimination Lawyer

It is unfair and illegal to be discriminated against in the workplace because of your age. If it happened to you, contact our Corona age discrimination lawyer at Law Office of Joseph Richards, P.C., to schedule an appointment for a free consultation today at (888) 883-6588.

April 3, 2023January 18, 2024

Examples Of Age Discrimination In The Workplace

Age discrimination is a growing problem in the US, with two out of three employees between 45 and 74 claiming they have seen or experienced the problem at work. However, age discrimination in the workplace is against the law in California according to the Fair Employment and Housing Act (FEHA).

It also is illegal under the Federal Age Discrimination in Employment Act (ADEA). If you are 40 or older and think you have been discriminated against in the workplace, you should talk to an attorney immediately. The Orange County age discrimination lawyers at Law Office of Joseph Richards P.C. may be able to assist you.

Laws Against Age Discrimination

The federal ADEA makes it illegal for many employers to treat older employees differently than younger workers with the same qualifications. The ADEA also outlaws age discrimination against employees that are 40 or older. However, the ADEA only covers companies with 20 or more employees that work at least 20 hours per week.

The FEHA in California works similarly to the federal statute. However, the FEHA applies to more companies and workers; it covers employers that have at least five employees, including part-timers. So, an employee could have a valid age discrimination claim in Orange County that is not covered by federal law.

Signs Of Age Discrimination In The Workplace

No one wants to be discriminated against at work, but it often happens. Here are several signs that you could be facing age discrimination:

You Hear Age-Related Remarks

Companies or managers commenting about employees’ age could be getting close to harassment and age discrimination. While this may not yet be actionable, these comments can signal problems.

Time reports that even when older workers are not held back because of their age, minor negative remarks on the job could hint at hostility towards an older demographic. If you notice these remarks at work, you should take notes of the comments, dates, and times. If you notice a regular pattern of negative comments, it may suggest that age discrimination is happening.

You Are Turned Down For A Promotion

There is nothing illegal about someone being passed over for a promotion. However, if you were not promoted and someone younger was given the job, this sometimes suggests age discrimination. If you can prove a pattern of older employees being passed over for promotions that often go to younger colleagues, you should talk to an age discrimination attorney.

Feeling Left Out

You might notice that you are not invited to important meetings and are left out of vital work decisions. It is even possible that your work location could be isolated from other workers. These issues can make it challenging for you to be a valued part of the work team.

Some older workers are asked to work off-site or go to another office. These changes could cause a significant disruption that makes older workers consider quitting.

Not Being Hired Because Of Age

If you’re not hired because of your age, that’s possibly unlawful discrimination. Of course, most companies will not admit they didn’t hire you because you’re over 40. Look out for comments that suggest age discrimination could be happening. If you and a younger employee have a clear difference in job qualifications, this could be another sign.

Being Passed Over For High-Profile Work Assignments

Another way that California employers may discriminate against you is by removing you from challenging or high-profile work assignments that could lead to a raise or promotion. This can demoralize the employee and make them look non-essential to others. In addition, you may feel as if the employer is trying to make you appear less competent and knowledgeable.

Being ‘Encouraged’ To Retire

Many companies offer early retirement packages to older workers to get rid of their higher salaries. These early retirement packages are often difficult to refuse. However, the company could terminate you later even if you turn down an early retirement package.

Some employers may also try to enforce a mandatory retirement age. This is illegal except for a few professions, such as airline pilots, firefighting, and law enforcement.

Being Disciplined Unfairly

California law requires that most employees be treated equally. However, did you notice that you get harsher criticism than younger workers for similar errors? This could be a definite sign that you are being discriminated against.

You could be a witness to age discrimination if you notice any of these signs. Have an age discrimination attorney in Orange County review your potential claim immediately.

How To Deal With Age Discrimination

You should always speak to an age discrimination attorney if you think you have been discriminated against. However, there are things you can do to reduce the chances of facing this problem:

Invest In Career And Skill Growth

Refrain from letting your skills and knowledge become stale. Instead, read, take continuing education classes, and push yourself to improve daily. Then, even if you are over 40, get a mentor who can show you how to improve your skills and reach a higher position in your career.

Do Not Play Into The Aging Professional Stereotype

There’s a stereotype of an older worker who doesn’t want to deal with current technology and workplace changes and doesn’t have enough energy to compete with younger workers. However, older employees are often a wealth of knowledge and wisdom. You can show your managers you are a valuable worker by not talking about how things were better years ago. Refraining from discussing your age is probably also good practical advice.

Show A High Level Of Professionalism

You may have a higher position at work and feel secure. But you should always project a positive image, dress well, and do your best to be an outstanding representative of your organization.

Speak To An Orange County Age Discrimination Lawyer Now

It is generally illegal in California and across the United States to discriminate against someone in the workplace because of their age. However, if you think you are an age discrimination victim, Law Office of Joseph Richards P.C. can help you. Our attorneys fight for clients’ rights in Riverside County, Orange County, and San Bernardino County.