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.

Why You Need an Attorney if You’ve Been Discriminated Against at the Workplace

workplace discrimination

Workplace discrimination lawsuits effectively hold companies liable when they violate employment law. In addition, workplace discrimination actions can be started to stop illegal behavior and offer compensatory damages to workers who have been discriminated against.

Learn below why you should hire an attorney if you think you have been discriminated against on the job. Law Office of Joseph Richards P.C. may be able to assist in your Orange County workplace discrimination case.

Do You Have A Valid Workplace Discrimination Case?

According to state and federal law, workplace discrimination cases are for workers in a protected category. In addition, several laws describe the protected classes that could qualify for a workplace discrimination case.

What Are The Common Types of Workplace Discrimination Cases?

There are many types of employment discrimination that can lead to a lawsuit, such as discrimination for

  • Sex and gender
  • Pregnancy
  • Disability
  • Taking leave under the Family & Medical Leave Act
  • Race
  • Religious beliefs
  • Sexual harassment
  • Workplace retaliation
  • Age

Employer discrimination cases are usually complicated, and companies typically contest them. You can bet your employer will have a team of lawyers to fight your claim. That is why it is critical to have an Orange County workplace discrimination attorney fighting for you for these reasons:

There Are Complex Laws With Strict Deadlines

State and federal discrimination laws could be relevant to your claim, including those administered by the US Equal Employment Opportunity Commission (EEOC). You must have a workplace discrimination attorney who understands the laws that could apply to your situation. Your attorney will know the time limits you must follow to file your complaint.

Collecting Discrimination Evidence Is Complex

It is easy to say you were discriminated against at work, but how do you prove it? The alleged discrimination against you could be subtle, and no employer will ever admit they acted illegally to discriminate against you. It takes a great deal of research and evidence collecting to prove one of these challenging cases. If you are unrepresented, it is unlikely you can collect enough information on your own to prove an employment discrimination case.

A workplace discrimination attorney who knows how to collect discrimination evidence is essential to a successful claim. For example, your lawyer knows how to subpoena critical documents and collect witness statements in a deposition.

Running A Cost-Benefit Analysis

Another significant benefit of retaining a workplace discrimination attorney is they can perform a cost-benefit analysis for you. They will show you the strengths and weaknesses of your potential workplace discrimination claim. They will show you what discovery will cost and what damages you could receive. Your attorney will tell you how likely it is that you will win. Some discrimination cases are financially worth pursuing, and your attorney will tell you your options.

Assessing Alleged Discrimination Is Tricky

Not all unfair treatment in the workplace is discrimination. For something illegal to happen, you must be in a category defined by federal or California antidiscrimination laws. In some situations, this can be easy to prove. For instance, if you are pregnant and fired, this could be a more straightforward discrimination case. But only some categories are that simple.

Further, being in a protected group under state and federal law is not enough to win your case. You also must prove your company acted against you because of the protected status. Some examples of an adverse employment action are firing someone, denying a promotion, or reducing shifts to lower one’s commissions. But, again, it takes an experienced attorney to determine if there was discrimination accurately.

Getting Every Detail Correct On The Administrative Complaint Is Vital

You should rely on a skilled attorney to help you file your discrimination complaint with the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). The administrative complaint must cover every action your company took that broke discrimination laws. Therefore, having a workplace discrimination attorney available to draft the complaint is vital to a successful claim.

You Get Closure

You also get closure when you work with a workplace discrimination attorney. Your lawyer will assist you in moving on from this challenging experience. The resolution can come when you prevail in a trial, but a case may likely be settled before going to court. If you receive compensation, it can help you transition financially and emotionally.

How Long Will My Workplace Discrimination Case Take?

The length of an employment discrimination case can vary widely. A discrimination claim must be done under the applicable federal law or filed with the state of California within 300 days of the alleged discrimination. How long the case takes depends on whether your attorney can resolve it in negotiations or if a trial is necessary. Many cases take at least a few months, and some may take over a year.

What Can You Do To Protect Yourself?

If you suspect you are being discriminated against at work, you should keep a written record of incidents, including dates and times. For example, if you overhear a supervisor talking negatively about you taking leave for a pregnancy, you should note this in your records. Having as much information as possible about alleged discrimination incidents is critical to the success of your claim.

You should speak to an attorney as soon as you think discrimination is occurring against you at work. However, it is the right time to obtain legal advice if you are still waiting to see the employer attempting to resolve the situation.

Speak To An Orange County Discrimination Lawyer Now

Do you think you were discriminated against in the workplace? Many state and federal laws ban workplace discrimination. However, if your case is provable, you may be entitled to compensation in a discrimination lawsuit.

Law Office of Joseph Richards P.C. has experienced workplace discrimination attorneys who can safeguard your rights. Contact us now at 888-883-6588 for a complimentary consultation. Our Orange County attorneys also help people who have suffered workplace discrimination in Riverside County, San Bernardino County, and throughout the Inland Empire.