Threats of Violence Based on Age

Suppose you arrive at work and find a note on your desk saying, “Old employees are taking jobs away from young employees. All old employees should be killed!” You happen to be 60 years old. This is not the first time that you have been harassed or bullied at work based on your age. Under both California state law and federal law, threats of violence based on age and any type of harassment in the workplace based on age is illegal. It is a type of illegal age discrimination. Age discrimination laws generally apply to those 40 years old and older. Despite the fact that anti-discrimination laws have been around for decades, age discrimination continues to plague the workplace. Employers who harass employees or permit harassment to continue would have violated the law and as a result face serious consequences such as penalties and fines. A threat of violence may also lead to criminal prosecution. Furthermore, the victims of age-based harassment are entitled to seek compensation by filing a claim for workplace harassment and discrimination. If you are in need of an employment lawyer because you have suffered threats of violence based on race it is important that you immediately contact an experienced Los Angeles Threats of Violence Based on Age Lawyer who will make sure your employer is held accountable for violating the law.

Under California’s Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating based on a number of attributes including age. Thus, if your manager, supervisor, supervisor from another department, or a co-worker threatens, bullies or harasses in any way because of your age, you may have a claim of action.

In addition, the federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees 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.

There are a number of actions in the workplace that may amount to threats of violence based on age. Typically there is a pattern of behavior. For example, a co-worker may regular threaten to beat up an older worker. However, in some instances a single threat of violence is enough to support an age discrimination claim.

Examples of threats of violence in the workplace include:

• Threatening words. Verbal threats of violence against older employees.
• Threatening cartoons and images. Cartoons or pictures depicting violence against older people would also amount to a threat of violence.
• Threatening objects. Leaving objects that are associated with violence in a place where an older employee would see them.
• Threatening mannerisms. Threatening mannerisms include actions that could reasonably be interpreted as a threat. For example, raising fists in a threatening manner.
• Bullying. Bullying that includes threats of violence.

Often time age-based discrimination in the workplace involves a variety of discriminatory actions that may include threats of violence as well as other actions such as failure to promote, demotions, giving less desirable work assignments, isolation, and termination.

If you suffered harassment in the workplace based on your age, you have the right to file a civil claim in order to hold the harassing party accountable for his or her actions. Through a civil claim, you may be awarded several different types of compensation including back pay, restoration of benefits, and compensation above and beyond lost wages. Furthermore, your employer may be ordered to implement policies aimed at preventing future harassing behavior.

If you have been harassed on the job it is important that you contact an attorney right away. Claims for workplace discrimination or harassment are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your discrimination case even if your case has merit.

If you have been the subject of age-based threat of violence in your workplace you should discuss the specifics of your case with an experienced employment lawyer. Not only may the discriminating party face serious consequences, you as the victim may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. 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.