Workers can Sue for Age Discrimination in San Bernardino

According to a November 2016 article in USA Today, more tech workers are finding it hard to find and retain jobs as they grow older. Since 2012, approximately 90 age-related complaints were filed against many of the tech companies in Silicon Valley, according to the California Department of Fair Employment and Housing, or DEFH. The complaints were requests for an immediate right to sue the companies.

Since May 2013, approximately 28 complaints were about Hewlett-Packard. Other tech companies being sued include Apple, Google, Cisco Systems, and Oracle. Some of the complaints also include wrongful termination.

The majority of the complaints are focused on age discrimination. Many legal experts and employees claim that many older tech workers get pushed out during mergers or restructuring.

Age is not often celebrated in the tech industry and many companies are looking for younger workers. In an age discrimination lawsuit filed in August 2016, four former HP employers claimed a recent major restricting of the company unfairly purged older tech workers.

It is not known if the HP lawsuit was settled or went to trial. It is also not know if the complaints filed were resolved.

What is Age Discrimination in San Bernardino?

Age discrimination is the act of treating an employee unfairly based on age. A younger employee cannot file age discrimination because he or she is not in the protected class. Only an employee who is 40 years or older can be discriminated against because of age.

Age discrimination may range from a supervisor calling an employee names in reference to his or her age, like “grandpa,” to termination. It may include being passed over for promotions or not being hired for a job at all.

Proving Age Discrimination in San Bernardino

Proving age discrimination involves showing that the employee suing:

  • Belonged to a protected class. This means that he or she is over 40 years old.
  • Was subjected to an adverse work environment because of age. This adversity may be in the form of a demotion, termination, or suspension.
  • Experienced discrimination that other employees not in the protected class did not experience. This means younger employees at the same company did not experience the same type of discrimination the employee suing did.

Immediately Contact Sanford A. Kassel about Your San Bernardino Age Discrimination Case

No one has the right to discriminate against you because you are over 40 years old. The state and federal law protects you and allows you to receive compensation if you have been discriminated against.

You have one year to file an age discrimination claim with the DFEH, a prerequisite to filing a lawsuit. It is such a limited time period because the claim is based on specific facts. The direct evidence, or facts needed, include discriminatory comments made about your age or statistical evidence.

Contact us immediately to start working on your age discrimination claim. We will evaluate your claim and determine whether it violates any federal and/or California age discrimination laws. We will explain how we will proceed and what compensation you can receive to compensate you for the discrimination you have experienced.

Can You Spot Age Discrimination in the Workplace?

Age Discrimination - AARP Quiz - iStock

Quiz: Can You Spot Age Discrimination in the Workplace?
Test your knowledge about legislation that protects older employees.
by Carole Fleck, AARP, June 2014. (Image Source: iStock)

Losing a job can be difficult for anyone, but it often provides special challenges for older workers. Individuals over 55 are likely to face long job hunt times in a tough economy. The ranks of older workers among the long-term unemployed have swelled of late. Many of them have lost their jobs in this economy, while others are finding it difficult to find new ones, and the harsh reality is their age is part of the reason. Age discrimination is viewed as an acceptable bias in many of the Nation’s workplaces and it has only worsened in this tough economy.

According to recent AARP research, 1 in 5 workers in the U.S. is 55 years of age, or older. 64% of workers say they have seen or experienced age discrimination in the workplace.

Age Discrimination - AARP Infographic

AARP: Age Discrimination Infographic

 

 

 

 

 

 

 

 

 

 

 

 

The Importance of Having a Trusted Age Discrimination Employment Attorney In Your Corner

The Age Discrimination in Employment Act of 1967 protects workers 40 and older from personnel decisions based solely on age in hiring, firing, layoffs, promotions or demotions. The act applies to employers with at least 20 workers. That law was weakened in 2009, advocates say, when a U.S. Supreme Court ruling made it more difficult for workers to prove age discrimination. The court ruled that the burden of proof was now on the worker to show that age was the deciding factor — rather than one of a number of factors, as previously held — in a dismissal, demotion or other adverse action.

 

If you have been a victim of Age Discrimination, you need to speak to an experienced and trusted Employment Attorney right away.  At SANFORD A. KASSEL, A Professional Law Corporation, we keep up with current State and Federal Laws affecting our age-discrimination clients’ cases. We work with a team of top-notch legal experts, to put together the most compelling case on your behalf. We always prepare each case as though it will go to trial in a court of law. We are trial attorneys, and if we can’t get you a top settlement offer, we will proceed to trial. We are widely respected among the legal community for being tenacious and always well prepared to go up against the opposition. We are zealous advocates for our clients, and will guide you carefully through every step of the litigation process. You will be working directly with one of our Employment Attorneys.