Under the California Fair Employment and Housing Act, it is unlawful for a company or employer to refuse to hire, fire, or discriminate an employee based on the employee’s age being over 40. Unfortunately, there are too many workers who are victims of this type of employment violation, which can sometimes be disguised as an employee layoff, payment cutback, or other.
If you have been discriminated against in your place of work because of your age, consult the legal expertise of a proficient employment law attorney. Workplace discrimination can often be difficult to identify, if you have reason to believe that you are being discriminated against because of your age, speak to a qualified attorney who can help you identify your rights as well as any available legal options.
Claims Based On Age Discrimination
The main issue in a claim based on age discrimination is not that the worker was denied of thee job or otherwise fired under a suspicious circumstance, the issue lies in demonstrating that the worker’s age played a significant role in the company’s decision. Under this premise, the worker can face difficulty in gathering necessary evidence in order to file a valid claim within the allowable time limits.
Age discrimination is not always an act that affects a singular worker. In the majority of cases, an employer will enact workplace policies that can affect a large group of workers who are of a certain age group.
Identifying Age Discrimination in the Workplace
When an employer makes the decision to single out a worker or treat the worker differently because of the worker’s age, this is known as age discrimination. Common examples of discrimination can include the following:
- Not being chosen for a position because of the worker’s age
- Termination because of the worker’s age
- A worker who is overlooked for a promotion because of his or her age
- Negative performance reviews that can be linked to a person’s age
Conduct Not Unlawful:
The FEHA specifically provides that the following are not in and of themselves unlawful practices:
- promotions within existing staff;
- hiring or promoting on the basis of experience and training;
- rehiring on the basis of seniority and prior service with the employer; or
- hiring under an established recruiting program from high schools, colleges, universities or trade schools. [Gov.C. § 12940(a)(5)(A)] (But a person cannot be excluded from a training or apprenticeship program solely because of his or her age.)
- Nor is it unlawful to refuse to hire or to terminate an employee who because of physical or mental disability or medical condition is unable to perform essential job duties in a manner that would not endanger the employee or others. [Gov.C. § 12940(a)(1), (2)]
- Nor is it unlawful to refuse to employ an individual because of his or her age over 40 “if the law compels or provides for that refusal.” [Gov.C. § 12940(a)(5)(A)]
Seeking Protection Under Age Discrimination Laws
Age discrimination protection under FEHA applies to employers with five or more employees and protects those over the age of 40. It is important to note that not every worker will be protected under the Age Discrimination in Employment Act. For instance, firefighters, police officers, or other government employees are subject to not being protected from age discrimination.
Fortunately, the State of California has separate legal protections that can shield workers from workplace discrimination. California laws are subject to reform, if you have recently been discriminated against or have a reason to believe that, speak to a qualified attorney who can guide you. As a victim of discrimination, you have the legal right to seek financial restitution for the damages you sustained as a result of the unlawful act; consult an attorney as soon as possible.
Obtain Proficient Legal Support
Workplace discrimination is a complicated matter that can result in a multitude of grievances. Many victims can face emotional distress and even psychological trauma. Victims of discrimination have the right to file a claim, consult with an attorney as soon as possible.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation, have the experience necessary to champion of the rights of employees who have been discriminated against in their place of work. The firm is highly skilled in the field of employment law concerning age discrimination. They are prepared to vigorously fight for the rights of affected employees in a court of law. To learn more or request a consultation, view options for contacting us here.
