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.

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