Orange County Age Discrimination Lawyer
Protecting California Workers Against Age-Based Discrimination in the Workplace
The Orange County discrimination lawyers at Coast Employment Law have years of experience representing California workers who have been discriminated against as a result of their advanced age. California state and federal anti-discrimination laws prohibit employers from treating workers differently as a result of certain characteristics, including race, gender, and age, and prevents employers from tolerating harassment in the workplace targeted at these same qualities. The California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) prevent covered employers from treating workers over age 40 differently because of their age, and both laws provide remedies for employees who are discriminated against.
Age discrimination is, unfortunately, a common occurrence in workplaces in California and across the country. Employers make decisions and take adverse employment actions based on the advanced age of their employees and then try to cover it up with post hoc justifications. The Southern California discrimination lawyers at Coast Employment Law have years of experience evaluating the circumstances of an adverse employment action to determine the true cause and the ultimate legality. We will investigate the circumstances of your claim, collect evidence, build your case, and fight for your rights in settlement negotiations and in court.
What actions constitute age discrimination?
Age discrimination in the workplace can take many forms. While the most obvious and egregious example would be firing an employee simply for reaching a certain age or refusing to hire an otherwise-qualified worker as a result of their advanced age, there are many other actions that a supervisor or even other co-workers can take that may constitute age discrimination if left unchecked.
Actions that may constitute age discrimination include, but are not limited to, the following:
- Fired, laid off, forced to quit, or forced into early retirement as a result of age
- Passed over for promotion or denied another position as a result of age
- Demotion, reduction of pay, or denial of benefits due to a worker’s age
- Refusal to hire someone as a result of their age
- Offered inferior pay or a lesser position because of a worker’s age
- Tolerating discriminatory comments regarding the age of an employee
- Being subjected to other policies or practices that treat older workers in an inferior manner or otherwise discriminate based on age
While the majority of age discrimination cases come in the form of an older employee being terminated, demoted, or mistreated by a younger supervisor as a result of their age, this is not always the case. Supervisors, managers, or corporate executives may be the same age or even older than an employee and still engage in age discrimination.
Proving age discrimination
Age discrimination can be difficult to prove. There may appear to be multiple, concurrent justifications for an adverse employment decision, and it can be tough to show that the age of an employee was a significant factor. Keep track of any conversations you have that may indicate age discrimination. Make note of any discriminatory comments, even things that may seem innocuous, such as: “We need some young blood in here” or “There seems to be a lack of energy around here.” Keep copies of any emails or communications with HR or supervisors that show you have taken steps to address perceived discriminatory practices or that may themselves be evidence of discriminatory attitudes. The more evidence you collect, the better prepared your age discrimination lawyer will be from day one in pursuing your age discrimination claims.
Examples of conduct that may serve as evidence in an age discrimination claim include:
- A younger, less qualified applicant is chosen for a position or a promotion over an older, more qualified applicant
- Discriminatory comments or jokes by a superior about an employee’s age, questions about when the employee will retire, or derogatory comments about the employee’s speed or skill with technology
- Discriminatory comments by coworkers that supervisors choose to ignore
- An older employee being replaced by a significantly younger employee with no apparent justification other than the age disparity
- A workplace’s pattern of hiring mostly younger employees
- Older employees being excluded from training or other opportunities for growth within the company
- Layoffs and staff reductions that disproportionately affect older workers
Reach Out to a Dedicated and Passionate Southern California Workplace Discrimination Lawyer
If you or anyone you know needs legal help fighting against age discrimination in the workplace in Orange, Riverside, San Bernardino, Los Angeles, and San Diego counties, or anywhere in California, contact Coast Employment Law at 714-551-9930, or complete the contact form on this website to schedule a free consultation.
