The city of Los Angeles is home to almost 4 million residents, and roughly 2 million of them work in the city. Unfortunately, workers may be subjected to mistreatment by their supervisor and other coworkers, and those in charge look the other way instead of protecting the victim.
Age discrimination is one form of mistreatment that’s common among Los Angeles employers. This is a form of employment rights violation that has to do with unfair treatment of workers over the age of 40. Laws exist to prohibit such conduct by employers, yet there is clearly a preference at many workplaces for younger employees over the ones that have been with the company for many years.
If you have reason to believe that you were subjected to age discrimination in the workplace, contact our legal team as soon as possible. The lawyers of California Labor Law Employment Group are here for you, 24 hours a day, 7 days a week. Throughout the years, we have helped many victims of wrongful termination, unfair demotions and pay cuts, bullying and harassment, and other illegal acts. We are more than ready to represent you in a claim for age discrimination and secure the compensation you deserve by law. Contact our law firm and schedule a free consultation, where you can learn about your rights and legal options.
How Age Discrimination is Defined Under the Law
Many people have preconceived notions about people of a certain age, but this in itself does not meet the standard of age discrimination in the workplace. In order to sue for discrimination based on age, the affected individual must be at least 40 years old. Because of their age, the employer made adverse employment decisions, like not giving them a promotion or raise, denying certain work benefits and accommodations, or taking away their employment (wrongful termination). They may also refuse to hire workers of a certain age, which also falls under the category of age discrimination.
Please consider the following points to get a sense of age discrimination and your right to take legal action against your current or former employer:
- Age Discrimination as a Form of Retaliation – some employees older than 40 will put up with discriminatory actions by the employer because they are afraid of the consequences if they speak up. Others will fight back and file a complaint with Human Resources. This can lead to retaliation, where the worker is punished with unfair employment decisions like demotion, assignment to an undesirable shift, negative performance evaluations, and being fired.
- Age Discrimination and Wrongful Termination – when a worker gets to a certain age, the employer may be looking for a way to get rid of them. Perhaps they want to hire a younger person on an entry level basis, and this is a way for the employer to save money. Or, they simply have assumptions about an older person’s capabilities and want someone that can “keep up” with the demands of working for the company. Employers generally know that firing someone based on their age is illegal, so they will make up excuses, like saying that the employee has a poor work ethic or violated the terms of their employment contract.
If you need more information on workplace discrimination based on your age, please take a moment to contact California Labor Law Employment Attorneys Group. We have a team of experienced employment lawyer who can answer all your questions and help you move forward in a positive direction.
What Laws Prohibit Age Discrimination in California?
At some point in our lives, we have all made judgements about someone based on their age, whether they are too young or too old to do something or act a certain way. But there are specific actions that constitute age discrimination by employers when it comes to worker over the age of 40. Workers who are dealing with discrimination are protected by state and federal laws, which include:
- The Age Discrimination in Employment Act (federal law)
- Fair Employment and Housing Act (California statute)
You can learn more about the ADEA and FEHA during a free consultation with our legal experts. That way, you understand the protections that are available to you and what actions you can take if you were illegally terminated by your employer, or suffered other unlawful treatment based on the fact that you were of a certain age.
How You can Fight Back against Age Discrimination
So, your employer is treating you unfairly, and you have reason to believe that it’s based on how old you are. What can I do as a victim of age discrimination? What kind of legal actions can I take against my employer, since age discrimination is illegal under both federal and California laws?
First and foremost, we want to assure you that legal remedies are available to hold your employer accountable and recover monetary losses you incurred as a direct result of their treatment. But many people do not know where to start or who to turn to in order to initiate a labor law complaint. This is why you should consult an employment attorney right away, who can help you explore the available legal options. A lawyer specializing in age discrimination cases can talk to you about:
- Filing a Discrimination Claim with the Equal Employment Opportunity Commission – you have the right to file an age discrimination complaint with the EEOC, the federal agency in charge of enforcing employment laws.
- Filing a Claim with the California DFEH – along with or instead of a claim with the EEOC, you can file a labor law violation claim against your employer with the Department of Fair Employment and Housing, which oversees employment laws that are established by the State of California.
- Filing a workplace discrimination lawsuit against your employer – after you file a claim with the EEOC or the DFEH, you may receive what is known as a Right to Sue notice. Once you get this letter, you can choose to file a lawsuit and seek monetary compensation from your employer.
- Filing a class action lawsuit – are you the only one who is facing age discrimination at your job, or do you know of other coworkers who are going through the same thing? You and your colleagues may be interested in filing a class action lawsuit instead of suing your employer individually.
It’s essential to discuss each of these options with an attorney and plan out the best strategy, depending on your personal circumstances. Keep in mind that there are many steps that must be completed before you can go through with a lawsuit. Legal actions also have strict deadlines, which can be hard to stay on top of if you try to navigate the legal process on your own. Rest assured that our legal team is with you every step of the way if you are interested in filing a claim for age discrimination.
Compensatory Damages from an Age Discrimination Lawsuit
One aspect of filing a lawsuit has to do with asserting your rights and seeking justice when someone has wronged you. But you are also in need of compensation if the other party’s actions have impacted your finances. For example, if you were wrongfully terminated, you can seek damages, such as lost wages, compensation for loss of job benefits, and job search costs. Depending on the level of emotional distress that resulted from illegal acts by the employer, you may be eligible for non-economic damages (pain and suffering).
At the end of the day, what you can receive from a lawsuit is a personal matter, and each case must be examined on an individual basis. An age discrimination attorney can help you determine the compensation you are owed and how much you can ask for in a lawsuit against your current or former employer.
Hire an Employment Rights Lawyer for $0
If you are 40 years or older and suspect that your employer is treating you unfairly, make sure to speak with a lawyer that’s experienced in age discrimination complaints. Whether you were fired or still working for the same employer, we can help you gather evidence and build a strong case for illegal treatment based on your age.
If you choose to retain our services, you do not pay anything out of pocket, as we have a Zero Fee Guarantee policy. At no point will you be asked to pay for legal fees, which we demand from your employer. So, our expenses are paid for as long as we win your case. If we don’t bring about a successful resolution on your behalf, you pay us $0 and walk away debt-free.
The journey begins with a free case review, so please take a moment to contact our office.
