How Can I Identify Age Discrimination in the California Workplace?
At Ricardo Lopez Law, P.C., our employment law attorneys represent clients throughout California who have been impacted by age discrimination, so they can hold the liable person or party accountable for their unlawful actions.
It is illegal for an employer to deny any employee privileges or benefits, such as on-the-job-training, promotion, hiring, or compensation, or demote, deny employment, or terminate someone based on their age.
Here is what California employees who are over age 40 need to know about their workplace rights.
Which State and Federal Laws Protect Employees From Age Discrimination in California?
The Age Discrimination in Employment Act of 1967 (ADEA) is the federal law that protects employees who are 40 and older from discrimination in the workplace.
The ADEA prohibits age discrimination against people who are 40 years or older and applies to:
- Companies with at least 20 employees
- Federal, local, and state governments
- Employment agencies
- Labor organizations with at least 25 members
The California Fair Employment and Housing Act (FEHA) provides workers with important protections against job-related age discrimination and applies to all public employers, private employers with five or more employees, labor organizations, and employment agencies.
The FEHA prohibits harassment based on a protected category — including age — against an employee, an applicant, an unpaid intern or volunteer, or a contractor, no matter how many employees work for the company.
What are the Most Common Examples of Age Discrimination in the Workplace?
California employees who are over 40 are often targeted by younger employees who joke about the disparity in their ages, pop culture comprehension, and other generational understandings.
While jokes or social references may not rise to the level of age discrimination, other behaviors do.
Common age discrimination in the California workplace examples may include, but are not limited to:
- Age-Based Workplace Harassment
- Disproportionate Hiring of Younger Employees
- Hiring and/or Promoting Younger Employees Because They Will Be “Cheaper” or Willing To Work For Less Money
- Isolation of Older Employees
- Little Opportunity for Advancement for Older Workers
- Older Employees are Assumed Not to Understand Technology
- Older, More Qualified Applicants Get Passed Over for Promotions Without Clear Reasoning
- Senior Employees are Excluded from Out-Of-Work Activities or Social Events
- Targeting Older Workers in Layoffs/Staff Reductions
- Unfair or Unreasonable Disciplinary Action
- Younger, Less Qualified Employees Receive Bigger Projects or Opportunities
If you are suffering from age discrimination in the workplace, you may be eligible to pursue a legal remedy that will allow you to hold your employer responsible while restoring the dignity and respect you deserve.
We can help.
Contact Our Skilled Age Discrimination Attorneys in Long Beach Today for a Free Consultation
If you believe your work has been impacted by age discrimination, contact our experienced Long Beach employment law attorneys today by calling 213-634-7979 to discuss your case during a free consultation.
We can help you understand your legal rights and options to pursue the liable person or parties for their illegal workplace conduct. Call us now to learn more.
FAQs:
Age discrimination happens when an employer treats an employee unfairly because of their age, usually if they are 40 or older.
Common signs include being passed over for promotions, getting laid off while younger employees stay, receiving negative performance reviews without reason, or hearing age-related comments at work.
Yes. Under the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA), it is illegal for employers to discriminate based on age.
If you believe you are facing age discrimination, document incidents, report the issue to HR, and consult an employment lawyer to understand your legal rights.
Yes, if you have proof of age discrimination, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or take legal action with the help of an attorney.
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Ricardo López
Ricardo López is the founder and lead attorney at Ricardo Lopez Law, where he is committed to providing strong, compassionate legal representation. With a deep understanding of the law and a tireless dedication to justice, Ricardo works closely with clients to guide them through challenging legal situations. On the blog, he shares valuable legal tips, insights, and updates to help individuals make informed decisions and protect their rights.