Age discrimination is when your employer takes an adverse employment action (i.e., termination, demotion, failure to promote) based substantially on your age. To prevail on a claim for age discrimination, you must show that your age was a substantial motivating factor in your employer’s decision.
Here are a few examples of what age discrimination might look like:
- If an employer only hires younger individuals so that they can save costs through low salaries.
- When an employer doesn’t give you the job because of your age –you will be told you are too young or too old.
- When you are fired because of your age. This can be hard to determine but a good clue is when none of the younger employees are being let go, or vice versa.
- If you experience a lack of promotion opportunities, while younger employees are.
- Performance reviews that take particular note of the difficulties you face because of your age.
If you feel like you have been discriminated against based on your age, you should determine what existing laws are being violated. Under both Federal and California law, employers with more than a certain number of employees are not allowed to discriminate against you based on your age.
Under California law, the Fair Employment and Housing Act (“FEHA”) will protect you from age discrimination as long as you are over the age of 40 and the employer employees at least 5 employees.
Under Federal Law, the Age Discrimination in Employment Act (“ADEA”), which applies to employers with at least 20 employees.
If you find yourself to be put in a disadvantaged position at work because of your age, you should speak with an age discrimination attorney at Falakassa Law, P.C.
Call (818) 456-6168 to speak with an age discrimination attorney.