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Los Angeles Age Discrimination Lawyer
Age discrimination is illegal and affects all workers in California. Age discrimination is when an employee or applicant is treated less favorably because of his or her age. Some common examples of age discrimination include but are not limited to: being passed over for a job or promotion due to your age, being forced to retire because you are too old, being denied benefits or privileges because you are too old, or being subjected to harassment based on your age.
In the United States, both federal and state laws provide protections against age discrimination for employees aged 40 and over. Equate Law specializes in handling, proving, and winning age discrimination legal cases in Los Angeles, California. Employees in Los Angeles are afforded robust protections from age discrimination in the workplace through the California Fair Employment and Housing Act (FEHA) and the Federal Age Discrimination in Employment Act (ADEA).
- The Federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) prohibit employers from discriminating based on age.
- ADEA applies to employers with 20 or more employees, while FEHA covers employers with five or more.
- Under these laws, plaintiffs must prove that their employer is subject to the applicable laws, that the plaintiff was at least 40 years of age, suffered an adverse action due to age discrimination, and that their age was a motivating factor for the employer’s decision.
Age discrimination is a pervasive issue in Los Angeles, California. Equate Law is dedicated to providing legal representation to those individuals unlawfully discriminated against due to their age. The ADEA and the FEHA enforce guidelines prohibiting employers from discriminating based on age. With these laws firmly in place, the people of Los Angeles can count on Equate Law to protect their rights as employees and help them get the justice they deserve.
Overview of Federal and California Laws
Age discrimination law is largely based on two federal statutes: ADEA and the Older Workers Benefit Protection Act (OWBPA). These laws protect employees aged 40 years and older from employment decisions that are based solely on their ages. In addition to these federal laws, California has its own anti-discrimination statute, California Fair Employment and Housing Act (FEHA). Age is a protected characteristic under the FEHA. The FEHA provides additional protection for those affected by age discrimination by providing additional remedies such as compensatory damages and punitive damages.
An employee can prove age discrimination by the timing of events or actions by the employer. Age discrimination cases are very fact intensive, and can be won using direct and indirect evidence of age discrimination.
Types of Age Discrimination in the Workplace
– Illegal Employee Replacement: When employers want to refresh their workforce by getting rid of the older workers and replacing them with younger employees, the employers are engaging in age discrimination. The employee over the age of 40 that is being replaced will need to provide that the replacement is occurring to hire or promote a younger employee.
– Illegal Employee Compensation: Employers cannot pay older workers less wages or cut their pay because of their age. If an older person and younger person are hired for the same exact position, but the younger person is paid more wages, then the employer is committing age discrimination. If the employer uses age as a factor to provide wages and benefits to its employees, it is committed age discrimination.
– Unfair or Unequal Treatment of Older Workers: Employers may not treat older workers differently simply because they are older. For example, if the employer provides job benefits to younger employees, but does not provide the same benefits to persons over the age of 40, the employer is committing age discrimination. Employees of all ages must be treated equally in the terms of the benefits received. Regardless of age, each person should be treated equally.
– Forced Illegal Early Retirement: Employees have the right to resign or retire at any time, and employers have the right to implement voluntary retirement programs that apply to all employees equally. However, if the employer decides to terminate or fire a person because the person has been with the company for “too long” or “close to retirement” and that decision was based on the person’s age, then the employer engaged in age discrimination.
Damages for age discrimination cases could include:
- Back pay and back wages
- Future lost earnings
- Job position reinstatement
- Pay differential from a promotion, raise, or bonus
- Benefits or pension benefits
- Pain and suffering
- Emotional distress
- Attorney fees and legal costs
Contact Our Los Angeles Age Discrimination Lawyer
Age discrimination occurs throughout Los Angeles, California, and Equate Law is here to help. Ageism can have serious consequences for employees and employers alike, and if left unchecked the disparities that people feel will only grow and get worse. As such, it is important for employers to take steps towards preventing incidents of ageism from occurring within their workplaces while also establishing clear policies with regard to how they will address any instances of discrimination should they arise. Employers should ensure that all hiring practices are free from bias towards applicants based on their ages while also taking proactive steps towards making sure all current employees feel respected regardless of their ages or backgrounds. If you believe you’ve been wronged due to your age, you may have claims against your employer. Equate Law can assist in representing your rights. Get justice today, reach out to us for reliable and effective legal counsel.
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