Age Discrimination

San Diego California Age Discrimination Lawyer

Picture of old man graduatedThe Age Discrimination in Employment Act (ADEA) of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the Age Discrimination in Employment Act, it is against the law to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, layoff, promotions, wages, job assignments, benefits, and training.

Individuals over 40 are considered a protected class under the law. It is unlawful for any employer or prospective employer to discriminate against or harass someone because of their age. The Gould Firm has handled numerous age discrimination actions with excellent results recovering damages on behalf of older employees who have suffered discrimination and harassment in the workplace.

If you have been treated unfairly and discriminated against at work solely due to your age you should contact an experienced employment and age discrimination attorney at The Gould Firm today.

Examples of age discrimination in the workplace include:

  • Not getting hired because the employer wanted a younger-looking person or younger person to fulfill job duties
  • Being fired because the employer wanted to keep younger workers
  • Being turned down for a promotion because the company wanted to hire someone younger from outside the company
  • Employers insulting you about your age or making age-related jokes or remarks about your age
  • Company layoffs where only older individuals were let go
  • Receiving a negative job evaluation because you were unable to take on new projects or were deemed inflexible to learn new skills and take on other responsibilities

Additionally, terminations that affect older people disproportionately than younger workers, as well as policies that provide training or educational benefits, or other benefits, only for younger workers may be discriminatory. Likewise, California law precludes salary-based termination decisions that have a disparate/greater impact on older people.

If you have been treated unlawfully, you have options. Many companies have policies regarding discrimination and harassment in their company handbooks. Most have reporting requirements which require that you follow a certain chain of communication in reporting harassment, discrimination and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages. The law protects you from retaliation. If internal remedies are ineffective State and Federal law provide a variety of options and remedies.

An individual who has suffered unlawful conduct, in California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct.

If you have been unlawfully discriminated against because of your age, you may be entitled to compensatory damages, emotional distress damages and punitive damages. Compensatory damages may include back pay for loss of income, front pay wages, and attorney’s fees. Punitive damages are an amount required to be paid by the offending employer as a way to “punish” their unlawful activity. The laws relating to damages are complex. Federal and California state laws regarding damages can differ dramatically. Therefore, it is strongly suggested that you contact an experienced California age discrimination attorney for a review of your potential age discrimination claim as well as the various damages that may be available to you.

If you believe that you are being discriminated against, harassed, or treated unfairly because of your age, contact The Gould Firm today for a free case evaluation. We are here to help.