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Age Discrimination Attorney in California

Age Discrimination in California

If you have been fired or demoted due to your age by your company, an age discrimination lawyer can help. Most forms of age discrimination are illegal under both California law and the federal Age Discrimination in Employment Act (ADEA). In California, if you’re at least 40 years old and work in a place with at least 20 employees, the law protects you against workplace discrimination due to your age.

It is no surprise that older people are frequently contributing more knowledge and competency to the workplace. Their experience is invaluable and their insight is often a reinforcing factor in creating a sustainable workplace.

Nevertheless, certain employers deploy age discrimination practices against older job seekers and employees as they are driven by misconceptions regarding older employees, such as greater medical expenses or the lack of long-term engagement due to their age.

Sometimes this can escalate even further into taking discriminatory and illegal decisions that unfairly prejudice older workers.

At Soho Law, we hold employers accountable for any form of discrimination and are here to help. Call us now at 310-803-9560 for a FREE CONSULTATION

What Is Age Discrimination?

Age discrimination is defined as “Any form of action taken against you by an employer on the grounds of you physical age or years of experience.” Age discrimination can occur while applying for a job, or while working in a job. While there might be some limited exceptions, in some cases this is illegal.

Because it can be hard to prove directly, courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you with what happened to younger colleagues or coworkers.

Employers often cite non-age-related factors such as corporate downsizing, reductions in the workforce or reorganization for the illegal actions. However, you may recognize age discrimination when your employer takes adverse employment action because of your age while similarly situated, but younger, employees were treated differently and more favorably. Some cases include:

  • Wrongful termination
  • Lack of promotion
  • Negative performance reviews
  • Demotion
  • Suspension

 

The outcomes mentioned above can be extremely suspicious if you have been the subject of any comments about your age, especially coming from your employer.

If you and any co-workers who were similarly treated are all over 40 years old, then you may have reason to file a discrimination case.

There are a few certain exceptions, especially in the following cases:

  • Working in a “high policy-making positions” and receiving a yearly pension of $44K or more.
  • If the occupation requires youth.
  • Certain contracted employments, such as tenured university professors, police officers, and fire-fighters who may have clauses in their contracts that allow employment based on age factors.

 

In addition, if you are asked to voluntary retire and are prompted to sign a waiver promising that no age discrimination claims will be filed.

Can I Be Fired in California Because of My Age?

Most businesses can’t legally refuse to hire you because you’re older, except for the exceptions listed above. It’s not illegal for a prospective employer to ask you your age or date of birth during a job interview. It’s also not illegal for them to require you to reveal it on an application. Nor is it illegal for them to tell you you’re “overqualified” for a position, especially if you are. However, if you are qualified for the job, an employer can’t refuse to hire you specifically because they fear you’ll soon retire or leave for another job elsewhere.

If you suspect a prospective employer has refused to hire you due to your age, discuss the possibility with an age discrimination lawyer. You may have a case.

Do I have an Age Discrimination Case?

Federal and state laws protect workers from employment discrimination based on age. The California Fair Employment and Housing Act protects people over age 40 from discriminatory hiring practices and employment decisions made by employers based on age discrimination.

However, you will have a difficult case if only younger people suffered at the same time as you. It’s easier to prove if older coworkers also suffered, especially if all the employees who suffered were over 40. This is especially true if the business retained or hired less-experienced, younger workers. Our age discrimination lawyers can also look for a pattern of individual terminations or refusals to hire based on age at the business.

Seeking Help from an Age Discrimination Attorney in California

At Soho Law, our age discrimination lawyers in Los Angeles know the law, and we can help you understand how it applies to you. With offices in California and New York, we work tirelessly and fight for your rights as an employee. Call us now at 310-803-9560 or click here to fill our contact form for a FREE CONSULTATION