Age Discrimination in the Workplace
Discuss Your Situation With Our San Diego Age Discrimination Lawyer
The 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. Have you been treated unfairly and discriminated against at work solely due to your age?
Contact our experienced San Diego age discrimination lawyer about your situation today.
What Protections Does ADEA Provide to Employees?
Under ADEA, individuals over 40 are considered a protected class. It is unlawful for any employer or prospective employer to discriminate against or harass someone because of their age. This is true in respect to any term, condition or privilege of employment. Employment refers to:
- Job assignments
Our San Diego age discrimination attorney has handled many age discrimination actions with excellent results. We help older employees who have suffered discrimination and harassment in the workplace recover damages.
What Are Common Examples of Age Discrimination in the Workplace?
Examples of age discrimination in the workplace include:
- Not getting hired because the employer wanted a younger or younger-looking person
- 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
- Insults, jokes or remarks about your age
- Company layoffs where the employer only let older individuals go
- Policies that provide training, educational benefits or benefits only for younger workers
- Receiving a negative job evaluation because you were unable to take on new projects or deemed inflexible to learn new skills
Additionally, terminations that affect older people disproportionately to younger workers may be discriminatory. California law precludes salary-based termination decisions that have a disparate or greater impact on older people.
What Are My Legal Options as a Victim of Age Discrimination at Work?
If you have been treated unlawfully, you have options. Many companies have policies about discrimination and harassment in their company handbooks. Most companies have reporting requirements. This means you must follow a certain chain of communication in reporting harassment, discrimination 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 damages.
The law protects you from retaliation. If internal remedies are ineffective, state and federal law provide a variety of options and remedies.
If your rights have been violated under the Fair Employment and Housing Act, you must file a complaint with the Department of Fair Employment and Housing (DFEH). Violations include discrimination or harassment based on membership in a protected classification. You generally must file a complaint within one year of the conduct. If you miss this deadline, you may lose your right to pursue legal action.
Keep in mind that there are limited exceptions in certain cases. Our San Diego age discrimination lawyer can help you understand your rights and responsibilities.
You may be entitled to damages if you have been unlawfully discriminated against because of your age. These damages may include:
- Compensatory damages
- Emotional distress damages
- Punitive damages
Compensatory damages may include:
- Back pay for loss of income
- Front pay wages
- 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 about damages vary. Therefore, we recommend that you contact an experienced California age discrimination attorney.
If you believe that you are being discriminated against, harassed or treated unfairly because of your age, contact The Gould Firm today. We can review your situation, answer your questions and determine damages that may be available to you.