Are You Facing Age Discrimination in the Workplace? Get Help From Age Discrimination Lawyers Los Angeles
Example of Age Discrimination
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. 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 an employer to discriminate against a person 40 years of age or older because of his/her age. In this case, discriminating refers to any term, condition, privilege, or condition of employment. This includes hiring, firing, layoff, promotion, benefits, assignments, training, compensation, and more. In fact, the law permits employers to favor older employees over younger ones even when doing so will adversely affect younger workers. The ADEA is applicable to employers with 20 or more employees and includes local, state, and federal governments, labor organizations, and employment agencies
5 WAYS TO COMBAT AGE DISCRIMINATION
Dealing with any kind of discrimination in the workplace is never easy, which is why it is important 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 Los Angeles, but you should 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
- Do what you do best
Our team has comprised an in-depth list of the 5 ways to combat age discrimination to give you the guidance you need. Whatever the case may be, it is in your best interest to contact our team of age discrimination attorneys for the workplace to protect your rights as an employee. At the Law Offices of Mann & Elias, we will do everything possible to ensure that you are given the justice that you are entitled to.
HIRING OLDER WORKERS
Unfortunately, older workers sometimes experience discrimination due to societal thinking. For instance, many employers believe that people 65 or older should be retired and/or believe that they are 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. Older employees have the knowledge and expertise that workforces need in order to thrive.
If you have been the victim of age discrimination, you have the right to take legal action and receive court awarded monetary damages. In the state of California, The Fair Employment and Housing Act (FEHA) requires the victim of age discrimination to file a complaint within one year of the alleged unlawful discrimination. Upon the filing of the complaint with the Department of Fair Employment & Housing, the appointed division is legally required and allowed to investigate your allegations to determine their validity.
THE NEED FOR A GOOD LAWYER
If you decide to file a lawsuit after the investigation, you will need a good lawyer on your side. Age discrimination lawsuits can be emotional and complicated, and it will be important to have an experienced and qualified legal team on your side. Because the laws and legislation are constantly changing in the state of California, you want a lawyer that stays current and active with fluctuations in state law.
LAW OFFICES OF MANN & ELIAS
At the Law Offices of Mann & Elias, we have 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. We have more than 40 years of combined experience and would be happy to provide you with a free consultation.
Your Rights Against Age Discrimination
Ageism is federally prohibited, so employees who are over the age of 40 can take legal action against an employer that is treating them unfairly based on their age. If your employer is favoring younger employees over you, this is ageism. However, if you are a younger employee in the office who is being treated unfairly while older employees are getting special treatment, you may not have a case.
5 Ways to Combat Age Discrimination
If you suspect ageism in the workplace, you should learn your rights and bring the issue up to a supervisor or HR. They will be able to help you confront the situation. If not, our labor attorneys can help you get compensation for the discrimination you’ve faced.
Hiring Older Workers
Many people have a bias against older workers that is based on unfactual assumptions. Recruiters are supposed to be taught that to ignore these kinds of biases, but that’s not always the case.
How To Prove Age Discrimination
To prove that you are being discriminated against based on age, you need to document the instances where you’ve felt singled out. The ADEA has specific protections in place for these exact situations. You will need to explain your situation to authorities before continuing with your claim.
Signs of Age Discrimination in the Workplace
Age discrimination can come in many forms. It can be subtle, such as jokes about your slow typing speed, or it can be overt, like getting passed over for a promotion by a younger colleague or being asked to retire. You should write down each occurrence so you can have proof that they happened. Then, you should reach out to an employment attorney in Los Angeles.
Suing for Age Discrimination If you are tired of your discriminatory workplace and you want to sue your employer for discrimination, you are protected by many different organizations. However, you are still expected to confront the issue without external help by voicing your concerns to a supervisor or HR representative. If they do not take the issue seriously and you decide to take legal action, you should have thorough documentation of the ageism you experienced.
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 are awarded back pay, all kinds of compensation that were lost due to the discriminatory actions of your employer, and reinstatement of your job if you were fired or even the promotion for which you were passed over.
The Older Workers Benefit Protection Act
This act makes 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
Damages typically one in these kinds of cases are:
- Lost Back Pay and Future Pay
- Lost Benefits
- Emotional Damages
- Punitive Damages
- Attorneys’ Fees
The Statute of Limitations for Filing an Age Discrimination Lawsuit
Victims of ageism in the workplace have three years to file a lawsuit with California’s Department of Fair Employment and Housing. You must file your claim with the Labor Commissioner within three years of the unlawful firing.
Age Discrimination Lawsuit FAQs
If you unsure if you need a labor attorney for workplace age discrimination, we have compiled a list of frequently asked questions by our clients. Read it here.
Age Discrimination and How it Can Affect 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 employees 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, and this is often prefaced with purposefully negative performance reviews, exclusion from meetings, and transfers to more unpleasant or tedious job responsibilities.