Age Discrimination and Harassment
Discriminating on the basis of age in the workplace is illegal in the state of California under the California Fair Employment and Housing Act (FEHA) and under the Federal Age Discrimination in Employment Act (ADEA). Employees forty years of age and older are protected by age discrimination laws.
If you have been the victim of age discrimination or harassment, contact an age discrimination lawyer from The Nourmand Law Firm as soon as possible. Our California age discrimination lawyers will evaluate your case and help you recover damages, including lost wages and benefits, and emotional injuries.
Definition of Age Discrimination
It is not illegal to discriminate against someone who is “too young” for a position, and anti–age discrimination laws do not protect anyone under 40. The purpose of age discrimination laws is to protect workers from discrimination on the basis of being too old. The California Fair Employment and Housing Act prohibits employers from discriminating against any employee because an employee is over forty years of age. An inference of discrimination is typically raised by showing that the employee:
- Belongs to a protected class (over forty years of age)
- Has been subjected to adverse employment action such as a demotion, termination or suspension
- Can prove that other employees outside the protected class were treated more favorably or differently in a similar situation
Examples of Age Discrimination
If you are 40 years of age or older and have been harmed by a decision that resulted in termination, demotion or have been harassed because of your age, you may have suffered unlawful age discrimination. Under the Federal Age Discrimination Act and California Fair Employment Housing Act, individuals have the right to sue an employer for unlawful age discrimination and recover damages including lost wages, benefits, and emotional injuries.
Examples of age discrimination in the workplace include:
- Not getting hired because the employer wanted a younger–looking person or younger person to fulfill job duties
- Being fired because the employer wanted to keep younger workers
- Being turned down for a promotion because the company wanted to hire someone younger from outside the company
- Employers insulting you about your age or making age–related jokes or remarks about your age
- Company layoffs where only older individuals were let go
- Receiving a negative job evaluation because you were unable to take on new projects or were deemed inflexible to learn new skills and take on other responsibilities
If any of these situations apply to you, you must contact an experienced California age discrimination attorney to evaluate your case and help you file against your former or current employer. The age discrimination lawyers at The Nourmand Law Firm will fight aggressively for your rights and ensure that you recover all damages related to the discrimination or harassment.
Employers also have certain responsibilities when posting job positions and developing apprenticeship programs. Under the ADEA and FEHA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition or privilege of employment, including, but not limited to hiring, firing, promotion, layoffs, compensation, job assignments, training and benefits.
Employers are not permitted to include age preferences, limitations or specifications in job notices or advertisements, and are also not allowed to ask an applicant’s age or date of birth in certain situations.
Filing an Age Discrimination Lawsuit
An experienced California age discrimination attorney can raise an inference of discrimination by providing proof of the above situations, and also with statistical evidence, direct evidence and comparative evidence. Discrimination cases typically turn on specific facts. If you believe you have been the victim of age discrimination, you must consult with a California age discrimination attorney shortly after the discriminatory action or harassment has taken place so that you can recover damages.
Contact a California age discrimination lawyer from The Nourmand Law Firm today if you have been the victim of age discrimination or harassment.