Age Discrimination

According to both federal and state law, it is illegal in California for employers to discriminate based on age. Despite this, age discrimination in the workplace occurs all too often. Such discrimination takes a number of forms. For example, an older employee may be unfairly targeted in a workforce reduction, or a qualified older employee may be passed over for a promotion in favor of less qualified younger employee. Employers who discriminate based on the age of an employee or job applicant face serious consequences and victims of such discrimination are entitled to compensation. If you are in need of an employment lawyer because you have been discriminated against due to your age, it is important that you contact an experienced Los Angeles Age Discrimination Lawyer who will make sure your employer is held accountable for violating the law.

Applicable Laws

California’s Fair Employment and Housing Act (FEHA) employers are prohibited from discriminating based on a number of attributes including age. FEHA only applies to employers with at least 5 employees, and is enforced by California's Department of Fair Employment and Housing.

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employers and applicants who are 40 years of age or older. ADEA states that it is illegal for employers to discriminate on the basis of age at any point in the employment process including during the application process, during the interview, and when hiring, firing, or promoting. This prohibition applies to job advertisements, compensation, work assignments, discipline, and termination. For example, an employer is the permitted to issue a job advertisement that includes age limitations unless the age limitation is based on an actual business necessity. In addition, employers cannot reduce life or health benefits for older workers, force older workers to retire early, or use layoffs to terminate older workers. Workers who make reports of violations of ADEA are protected from retaliatory actions by the employer. The ADEA applies to places of business that have at least 20 or more employees. ADEA is enforced by the U.S. Equal Employment Opportunity Commission.

Actions that May Show Discrimination

There are a number of actions by an employer that if done in a discriminatory manner would be a violation of law. An act of discrimination may occur in relation to one of the following actions:

• Fair to hire
• Termination
• Denial of training
• Failure to promote
• Performance reviews
• Work assignments
• Less pay or demotion
• Discipline
• Transfers
• Work environment

Another type of discrimination involves harassment, bullying, and other acts of aggression against older workers. For example, if an older worker is constantly being asked to work longer hours or is excluded from work-related social activities, that older worker may have a valid claim for employment discrimination.

Retaliation

The law seeks to protect those who report age discrimination, or discrimination of any kind. Thus, not only is it illegal for employers to discriminate, it is illegal for employers to retaliate against employees for having complained about or reported discrimination. For example, if you complained about discrimination and after you complained your employer fired you or demoted you, then you may have a claim against your former employer for retaliation.

Example

In Herr v. Nestlé U.S.A., Inc., 109 Cal.App.4th 779 (Cal. App., 2003) Richard Herr sued Nestlé for age discrimination. Herr, who was over 40 years old, expressed an interest in a promotion. However, Herr was told that even though he was qualified for the job, the job already had gone to Dawn Striff, who was 29 years old and had been with Nestlé only a short time. Herr was denied the opportunity to interview for the position, which was never posted, contrary to Nestlé's own policy. Herr was passed over for a number of other positions in favor of younger less qualified candidates. Herr sued. Noting that Nestle had a track record of failing to promote people over the age of 40, the court found that Nestle had indeed engaged in age discrimination and was constructively discharged. Herr was awarded over $5 million in damages.

Los Angeles Age Discrimination Lawyer

If you are concerned about discriminatory practices in your workplace, you should discuss the specifics of your case with an experienced employment lawyer right away. Employment discrimination based on age is illegal. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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