Los Angeles Age Discrimination Lawyer

Los Angeles Age Discrimination Lawyer

Los Angeles Age Discrimination Attorney

Age should not be an obstacle to opportunity, yet age discrimination today continues to deprive employees of their valuable contributions and livelihoods. 

Age discrimination in the workplace can take many forms such as refusal to hire, job termination, demotion, denial of career advancement, less pay, or other adverse action. 

If you believe you have been a victim of age discrimination, get help from an Age Discrimination Attorney in Los Angeles at Theory Law APC. We offer you a free confidential consultation to review your case. Contact Age Discrimination Attorney in Los Angeles.

Legal Protections Against Age Discrimination in the Workplace

The state age discrimination laws of California’s Fair Employment and Housing Act (FEHA) prohibit employers with five or more employees from discriminating against employees on the basis of their age.

Similarly, the federal Age Discrimination in Employment Act 1967 (ADEA) also prohibits age discrimination in the workplace. However, the ADEA applies to private employers with 20 or more employees. The FEHA and ADEA age limit for protections to apply is 40 years of age or older.

Both California and federal laws protect employees and job applicants over the age of 40 from age-based discrimination in hiring, termination, promotion, compensation, job benefits, or other terms and conditions of employment. Harassment of an older employee because of their age is also prohibited.

Employers are required to take reasonable precautions to prevent age-based harassment or discrimination in the workplace. Failing to do so may subject the employer to a discrimination lawsuit and make them liable for any resulting damages.

Defining Age Discrimination in The Workplace

Age discrimination in the workplace occurs when an employer treats an employee or job applicant unfairly because of their age. Under California and federal laws, it is illegal to discriminate against employees or job applicants who are 40 years of age or older. Age discrimination can happen in a variety of ways, including:

  1. Rejecting a job candidate employment because of their age.
  2. Firing an older employee or causing them to retire due to their age.
  3. Harassing or making age-related comments about an older employee.
  4. Assigning an older employee to less desirable job duties or locations.
  5. Denying an older employee the opportunity to advance their career or get training.
  6. Making the employee or job applicant’s age a basis for making employment decisions, such as setting age limits on job postings, excluding older employees from workplace activities or requiring employees to retire by a specific age.
  7. Imposing unfavorable employment terms compared to younger employees, such as lower pay or fewer perks, on an employee who is older.

Real Life Examples of Age Discrimination in The Workplace

Case 1: Workplace with Ageist Comments
Dwayne was a seasoned employee with over 30 years of experience in his field. His younger coworkers begin making horrible comments about his age, telling him he is slower than others and he should not be working for the company anymore because he is a dinosaur. 

This sort of treatment continues on a weekly basis despite his complaints to management. He is fired shortly after an evaluation. Dwayne hires a discrimination lawyer and is able to recover compensation after he proves the harassment and wrongful termination was because of his age.

Case 2: The Story of the Lost Promotion and Younger Pay Policy
Vida, a 52-year-old highly experienced engineer, had been working for her employer for almost 20 years and was working hard for a promotion. Unfortunately, she was passed over for the promotion in favor of a less experienced younger employee. 

The company had also implemented a pay plan that disproportionately benefited younger employees. Vida hired an attorney and filed an age discrimination claim. With the assistance of her attorney, she was able to prove her claims and win her case.

Here are some other workplace discrimination against age examples:

  • An employer hires a younger worker with less experience over an older worker who is equally qualified for a job.
  • As part of a downsizing initiative, an employer fires older employees while keeping or hiring younger employees in similar positions.
  • An employer offers training or professional development opportunities to younger employees, but not to older employees who have similar job duties and qualifications.
  • An employee makes disparaging remarks or jokes about an older employee’s age.
  • The company places an age restriction on job postings or mandates particular qualifications for certain positions that disproportionately exclude older employees.
  • An employee’s request for reasonable accommodations is denied by an employer because of the employee’s age-related disability.
  • A manager denies an older employee a promotion or pay raise that they deserve because they are close to retirement age and will not be in the position for much longer.

It is best to speak with an experienced age discrimination lawyer to determine what exactly has happened and whether you have a claim because age discrimination can take many forms.

Direct Age Discrimination in the Workplace

Age discrimination can affect an older employee in a direct or an indirect way. Direct age discrimination occurs when an older worker is treated less favorably than a younger worker because of their age.

 One instance of direct age discrimination is when an employer terminates an employee because they have reached a certain age. Similarly, if an employer expresses a desire for a “young and youthful” candidate during a job interview, this may be considered direct age discrimination.

Direct age discrimination may also occur when an employer refuses to promote an older employee because of their age. If an older employee is passed over for a promotion in favor of a younger, less experienced colleague, this may be direct age discrimination.

Understanding Indirect Age Discrimination

Indirect age discrimination occurs when an employer implements a policy or practice that seems to be neutral but has a disproportionately detrimental impact on employees of a certain age group compared to others. 

For example, an employer implements a policy offering early retirement benefits to employees above a specific age. This policy may impact older employees who are not ready to retire because they may feel forced to accept the retirement benefits due to fear of being terminated.

Another instance of indirect age discrimination is a policy requiring all job applicants to satisfy a certain level of physical fitness, such as the ability lift a specific amount of weight or run a specific distance under a certain amount of time. 

Although this requirement sounds neutral, older employees may be disproportionately affected since they may not be able to achieve the physical standards because of age-related physical impairments.

Proving Age Discrimination at Work

Whether an employer enforces a rule that disproportionately affects older employees or you receive treatment that is less favorable to you because of your age in comparison to younger employees, you must be able to show you’ve experienced age discrimination at work. Generally, you must be an employee of your employer. 

Though, California extends these protections to job applicants as well, for example, an employer rejects a job applicant because of their age. In some circumstances, an independent contractor may have a claim under California law.

To prove age discrimination at work, under both California and federal laws, you need to show:

  • The age discrimination law applies to your employer. Some employers may not be subject to the law.
  • Your employer took an adverse action against you because of your age. The adverse action can be termination, demotion, or a course or pattern of conduct that negatively affected the terms, conditions, or privileges of your employment.
  • Your employer’s adverse action affected you.
  • When you experienced age discrimination in the workplace you were 40 years or older.

Steps to Take if You Experience Age Discrimination in the Workplace

Despite advances toward equal rights, many older employees continue to experience discrimination in the workplace based merely on their age. The sad reality is that age discrimination may cost people their jobs, result in lost income, hinder their professional advancement or employment opportunities, and have a negative impact on their self-esteem and mental health.

Age discrimination in the workplace is not always easy to detect. There are many different ways and scenarios in which age discrimination can occur at work. Some instances may be significantly more challenging to demonstrate age discrimination. Although, there are actions you may take if you’re an older employer who believes you’ve been passed up for a job or experienced other forms of age discrimination.

To evaluate whether you have a claim, you can contact a Los Angeles Discrimination Lawyer at Theory Law APC. We offer a free confidential consultation and work for you on a contingency basis, which means our fees are contingent on the successful outcome of your case. 

However, there are other steps you can take if you experience age discrimination in the workplace. You can bring it to your employer’s attention or make a written complaint to HR if you are comfortable doing so. 

You can file a complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC). Whatever you decide to do, it is important to maintain detailed records of any instances of age discrimination you experienced at work.

We have handled age discrimination lawsuits in Los Angeles and can advise you on the legal options available to you. Throughout the time we’ve handled employment cases in California, we’ve accumulated outstanding reviews and feedback from former clients, other attorneys, and lawyer rating websites. You could be part of our family and join our list of accomplishments. 

A free consultation with a lawyer at our firm is the first step in the process and we can have the consultation on the phone, in-person, or via remote-conferencing.

If you’re facing age discrimination at work and need legal advice, calling a Age Discrimination Attorney in Los Angeles at our office could be the crucial step you need to protect your rights and achieve a favorable outcome. 

Book a free consultation or call (310) 500-0206 to speak with an employment lawyer in Los Angeles about your case today.

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