ARE YOU FACING AGE DISCRIMINATION IN THE WORKPLACE? GET HELP FROM AGE DISCRIMINATION LAWYERS LOS ANGELES
If you’ve been in the workforce long enough, you have probably seen it before: an employer discriminating against employees based on sex, race, religion, or disability. But are you aware that age discrimination is also possible? The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals from employment discrimination based on age.
By 2022, nearly 40% of all workers will be 50 years old, or older according to the AARP. So what might this mean for you when the employers are making it harder for more senior employees?
If you believe you have experienced unlawful discrimination based on your age (40 years of age or older), you have the right to pursue a claim. Your age should have no bearing on employment opportunities.
WHAT IS AGE DISCRIMINATION?
Under the ADEA, it is unlawful for employers to discriminate against a person 40 years or older because of their age. In this case, discriminating refers to any term, condition, privilege, or condition of employment. Examples of age discrimination include:
- An employer denying hire because of your age
- Wrongful termination to onboard younger talent
- Not getting a well-deserved promotion
- Sudden bad performance reviews due to age
- Any adverse action an employer makes after age-related comments
Age discrimination can come in many forms. It can be subtle, such as jokes, or overt, like getting passed over for a promotion by a younger colleague or being asked to retire early. It would be best if you wrote down each occurrence so you can have proof that they happened. Then, you should reach out to an employment attorney in Los Angeles to start the claims process.
The ADEA applies to employers with 20 or more workers and includes local, state, and federal governments, labor organizations, and employment agencies.
AGE DISCRIMINATION LAWS
The Age Discrimination in Employment Act of 1967 and the Older Workers Benefit Protection Act (OWBPA) offer older workers federal protection. Though similar, OWBPA provides extra protection to make it illegal for employers to do any of the following:
- Require older workers to waive their rights
- Target older workers during layoffs
- Use age as a basis for discrimination
Still, both prohibit ageist behavior from an employer from denying your rights or access to employee privileges or benefits, like on-the-job training, promotions, or bonuses. If you work for a mid to large-sized company and run into trouble, you should be able to file a claim with the help of an experienced employment attorney in LA. To win your case, you must have strong evidence to prove their adverse treatment in court.
AGE DISCRIMINATION CLAIMS IN LOS ANGELES
If you live in Los Angeles, you have additional protections per California state laws. In addition to federal policies, the Fair Employment and Housing Act (FEHA) applies to employers operating businesses with five or more employees. Like federal laws, you must show documented evidence of the instances where you’ve felt singled out. The ADEA has specific protections in place for these exact situations.
To file a successful claim, you must be able to prove that you’ve attempted to confront, mediate, and resolve the issue. It is achieved by filing with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). As the victim of age discrimination, you have up to one year of the act to report it with either division. The sooner they investigate your allegations, you can get compensated.
Examples of Age Discrimination
- Did your employer persuade you to retire?
- Are you getting teased about your age?
- Were you laid off for “poor” performance?
- Did your employer hire younger applicants to replace you?
If you answered yes to any of the questions listed above, you should reach out to our employment law firm. Mann & Elias’ experienced attorneys have helped countless clients through their age discrimination claims.
HOW CAN AGE DISCRIMINATION IMPACT YOU?
Older workers frequently experience discrimination based on their age. While this is often in the form of jokes and comments, ageism can be detrimental to an employee’s career. All too often, older employees are replaced by younger ones as time goes on. Employees over the age of 50 are often the first to go when it comes to layoffs. It is usually prefaced with retaliatory negative performance reviews, exclusion from meetings, and transfers to more unpleasant or tedious job responsibilities.
In most cases, older workers experience discrimination due to societal thinking. Often, employers believe that people 65 or older should be retired or less capable than their younger counterparts; however, that is far from the truth. There are many valuable benefits associated with hiring older workers, as they have plenty of experience and qualifications as many others in the workforce. More senior employees have the knowledge and expertise that workforces need to thrive.
5 WAYS TO COMBAT AGE DISCRIMINATION
Dealing with any discrimination in the workplace is never easy, which is why it is essential to know that you have rights, too. If you believe that you are experiencing ageism in the workplace, not only should you contact our team of age discrimination lawyers in LA, but also follow some tips to help you overcome such behavior in the time being, such as:
- Knowing your rights
- Show your employer that you are willing to grow
- Ask your employer for feedback
- Always be willing to learn
- Excel at the parts of your job you do best
When you retain our services, we will do everything possible to ensure that you are given the justice that you are entitled to.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
If you decide to file a lawsuit after the investigation, you will need a knowledgeable and experienced lawyer on your side. Age discrimination lawsuits can be emotional and complicated. Because the laws and legislation are constantly changing in California, you want a lawyer that stays current and active with fluctuations in state law.
At the Law Offices of Mann & Elias, we have over 40 years of experience helping victims take justified legal action against age discrimination in the workplace. If you have been affected by unlawful age discrimination from an employer, don’t hesitate to contact us today.
NEED LEGAL HELP WITH YOUR AGE DISCRIMINATION CLAIM?
We have won over $700,000 in restitution for age discrimination for our clients. Most people who turn to our firm for legal help are unsure where to send their discrimination claim or fear their employer will terminate their employment. We can guide you through the process and protect your rights as a lawful employee. We’re more than happy to review your case and provide legal advice or guidance for your claim.
To schedule your free consultation, give us a call at 323-866-9564 or email email@example.com.
RELATED ARTICLES ABOUT AGE DISCRIMINATION
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
What Are the Exceptions to Age Discrimination?
There are four exceptions to the ADEA that might hurt your chances of filing a successful lawsuit without an attorney. If you feel that your working conditions have worsened due to ageism, this article provides insightful information regarding ADEA exceptions. Small businesses, Bona Fide Occupational Qualifications, seniority systems, and high policy retirement ages are four prominent factors.
The Statute of Limitations for Filing an Age Discrimination Lawsuit
A statute of limitations is defined as the length of time that a plaintiff must file a lawsuit. This is the maximum amount of time that someone can wait before starting legal proceedings. This period varies per state and depends on the type of lawsuit.
As of January 1, 2020, victims of ageism in the workplace have three years to file a lawsuit with California’s Department of Fair Employment and Housing. It should get directed to the Labor Commissioner before the statute of limitations runs out.
Suing for Age Discrimination
If you are tired of your discriminatory workplace and want to sue your employer for discrimination, you have several options. But before retaining a lawyer, you should voice your concerns to a supervisor or HR representative. If they do not take the matter seriously and you decide to take legal action, you should have thorough documentation of the ageism you experienced.
Damages usually awarded in these kinds of cases are:
- Lost Back Pay and Future Pay
- Lost Benefits
- Emotional Damages
- Punitive Damages
- Attorneys’ Fees
Common Penalties Associated with Age Discrimination
You may be wondering what exactly is in store if your lawsuit is successful. These kinds of settlements can pay out various damages under the provisions of the ADEA. Most commonly, plaintiffs get awarded back pay, all types of compensation lost due to the employer’s discriminatory actions, reinstatement of your job if they got fired, or even the promotion. Check out this article for more information regarding penalties.
Is It Age Discrimination If I Get Replaced by Someone Older Than 40?
Older workers rarely bring a claim against their employer for replacing them with someone of a similar age. In California, laws protect you, especially when the “younger replacement” is older than 40. Wrongful termination is illegal – especially in this confusing circumstance. This article details what this could mean for you and provides an example to help guide you through it.
FAQs ABOUT AGE DISCRIMINATION
Are all older workers protected under the ADEA?
Age discrimination laws are in place to ensure that younger workers don’t get favored over those older than 40. ADEA serves as blanket protection for older workers. For example, it’s illegal for a workplace to favor someone who is 55 over someone who is 60.
Are younger employees offered the same protection?
No – ADEA protects older workers only. However, each state has its laws when it comes to discriminating against workers for being younger.
Can I get fired or not hired because a younger employee costs the company less?
While a company can’t replace an older employee with someone younger based on age, they may have other reasons to justify the decision. Younger workers often have lower salary expectations, which makes them more appealing to a business. If the company bases the hiring decision on salary, it is not illegal.
Could an employer fire me to stop my pension benefits or because health insurance is more costly?
OWBPA protects elderly workers from being fired on the basis that their benefits were too costly. Employers must follow the “equal benefits or equal cost” rule, which means that all workers have the same benefits regardless of age and pay the same for each employee’s benefits. An employer can legally reduce benefits if they get reduced for all employees.
Suppose you are older and the $100 monthly premium your employer covers is not enough to reach all your medical costs per month. That is legal as long as a younger employee is also getting that $100 monthly coverage.
Can my employer ask my age on an application?
Employers should not ask for your specific age, but it’s allowed to ensure someone is legally an adult by asking if they are over 18.