Age discrimination occurs when your employer takes an adverse employment action (i.e., termination, demotion, failure to promote) based on your age.
Here are a few examples of what age discrimination might look like:
- If an employer only hires younger individuals to 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 no younger or older employees are being let go.
- If you experience a lack of promotional opportunities, while younger employees get them.
- Performance reviews note the difficulties you face because of your age.
If you’ve been a victim of any of the above discriminatory actions, then you may be entitled to damages. Sit down with an age discrimination attorney immediately for a free consultation to discuss your claim.
Who do age discrimination laws protect?
The Age Discrimination in Employment Act (ADEA) outlaws age discrimination against people age 40 or older but does not protect workers under the age of 40. However, some states have laws that protect younger workers from age discrimination.
How common is age discrimination?
According to the U.S. Equal Employment Opportunity Commission (EEOC), in 2020, there were 14,183 charges of age discrimination filed; that’s more than one-fourth of all workplace discrimination charges. According to a poll by AARP, 78% of older adult workers say they’ve seen or have experienced age discrimination in the workplace.
Age Discrimination Laws
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. The Fair Employment and Housing Act (FEHA) protects those over the age of 40 at businesses with at least five employees from age discrimination. Under Federal Law, the Age Discrimination in Employment Act (ADEA) applies to businesses with at least 20 employees.
Before you file an age discrimination lawsuit in court, you must first file a complaint with the DFEH or EEOC and receive a Notice of Right to Sue. An adept age discrimination attorney will have the experience necessary to support you throughout your claims process.
How do you prove age discrimination?
To prove an age discrimination case, an employee must demonstrate the following:
- They are in the protected age class
- Their job performance was satisfactory;
- Adverse job action was taken against them
- Similar, but younger employees were treated more favorably.
If you find yourself in a disadvantaged position at work because of your age, you should speak with an age discrimination attorney at Falakassa Law, P.C.
Age discrimination law professionals understand the importance of speaking with a good lawyer. Sit down with an adept age discrimination attorney in your community for a free consultation today—Call 916-680-8486 to speak with an age discrimination attorney right away.