If you are a victim of age discrimination in the workplace in California, contact attorney Mo Eldessouky today at 714-409-8991 or contact us about your case. We serve all of California and we are available to fight for you rights 24/7.
At Eldessouky Law, our California age discrimination lawyers are dedicated to seeking justice for victims of age discrimination. If you are a victim of age discrimination at your workplace, you may be entitled to financial compensation.
Are You Dealing with Age Discrimination?
Under California employment law, age discrimination is illegal when an employer treats an individual 40 or older unfavorably due to their age.
Your story and your case matter to us, and we are here to take care of you. We understand how tough it can be to be treated differently due to your age and we are here to fight for you. Contact our office today to schedule your free initial consultation with one of our experienced California employment attorneys.
Dealing with an Employment Dispute?
Discuss your legal options with an attorney at Eldessouky Law
or, give us a ring at 714-409-8991.
Fighting for Justice in an Age Discrimination Case
Discrimination comes in many forms.
Gender and race are two of the more commonly heard types of workplace discrimination. Other types of employment-related discrimination that unfairly impact the lives of women and men include age discrimination.
In California, age discrimination is prohibited under the Fair Employment and Housing Act (FEHA).
In this article, we will cover what age discrimination is and what the law says about it in California.
What is Considered Age Discrimination in California?
Age discrimination in California occurs when an employee or a job applicant who has reached his or her 40th birthday is a victim of negative treatment at the workplace by reason of age.
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Age is a protected characteristic under US anti-discrimination laws.
Age in this instance as defined under the laws refers to the chronological age of any individual who has reached his or her 40th birthday (29 U.S.C. §§ 621–634; Gov. Code, § 12900).
The court has also affirmed this position in the case of Linsley v. Twentieth Century Fox Film Corp. In that case, it was emphasized that both California and federal law prohibits employers from unlawfully discriminating against employees on the basis of their age.
It is equally unlawful for an employer to discriminate against someone on the basis of age by reason of a false belief that such person is within the age of 40 years and older.
If you have suffered wrongful, negative treatment simply because of your age, your rights may have been violated.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
Are You a Victim of Age Discrimination? – How a California Age Discrimination Lawyer Help
When it comes to age discrimination, the law is clear: it is illegal to treat an employee 40 years or older unfavorably due to their age. This includes hiring, firing, promotions and other job-related decisions that are based on a person’s age.
Unfortunately, not all employers follow the law.
There is a difference between being treated poorly at work and being the victim of age discrimination, as defined by law. To have a valid legal claim, you must be able to prove that your employer is acting on the basis of age and not some other factor.
These cases can be complex and difficult to prove as some employers’ actions are more subtle and difficult to detect. This is why it is important to consult with an experienced California age discrimination lawyer who can evaluate your case and determine the best course of action.
In the event that age discrimination is found, your attorney can fight for your rights and seek the justice you deserve, including compensation for lost wages, emotional distress, punitive damages, attorney’s fees, and more.
Simply put, the value of hiring a California age discrimination lawyer is high and the cost of speaking with an attorney is free.
We Offer Free Consultations for Victims of Age Discrimination in California
If you believe that you are the victim of age discrimination, we encourage you to contact our office for a free consultation. Our experienced California age discrimination lawyers can evaluate your case and discuss your legal options with you.
We understand how scary and daunting it can be to fight for your rights, especially against an employer who may be in a position of power. However, you have rights, and we are here to fight for them and protect your best interests.
Do You Need to Hire an Age Discrimination Lawyer “Near Me”?
Simply put, no. The only requirement for employment discrimination cases is that the case must be filed in the jurisdiction where the discrimination occurred. If your employment case occurred in California, you will need to hire an attorney licensed in California.
At Eldessouky Law, our attorneys are licensed to practice law in the State of California and are experienced in handling age discrimination cases. We understand the complexities of these situations and have a proven record of success representing victims of employment discrimination.
In addition, we are experienced trial lawyers who are prepared to fight for you. If push comes to shove, our attorneys are not afraid to take your case to court.
Contact us today for a free consultation and let us fight for justice on your behalf. Our experienced team is here to listen to your story and provide the best legal advice possible. We look forward to hearing from you soon.
What are the Laws that prohibit age discrimination in California?
The laws prohibiting age discrimination in California are the Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA). The FEHA expressly prohibits employers from discriminating against workers within the age range of 40 and above.
Securing a remedy under this Act requires the filing of a complaint through the Department of Fair Employment and Housing (DFEH).
The ADEA of 1967 is a federal law that prohibits discrimination against employees within the age range of 40 and above. This law however applies to employers with 20 or more full-time or regular part-time employees in each of 20 or more calendar weeks in the current or preceding year. The law further proscribes the advertisement of vacancies with a strict preference for college graduates.
The difference between the state and federal anti-discrimination enactments is that the state laws offer a wider and more specific latitude of protection than the federal law. For example, under federal laws, an employer must have at least 20 employees to be covered. The state law reduced that threshold to 5 employees. Other advantages are:
- Multipliers on attorney fee awards (Provided under § 5.12),
- Specific provision for secondary offenders (§ 6.5),
- No limits on punitive and compensatory damages (§ 5.11) and
- Extension of the law to protect interns and volunteers
The recently enacted Stop Harassment and Reporting Extension (SHARE) Act also makes important provisions regarding workplace harassment and discrimination. The act extends the time limit within which to file a DFEH complaint by two years. The initial deadline was one year.
An age discrimination lawyer from Eldessouky Law today at 714-409-8991 can provide you with more information about applicable law, what’s involved in pursuing a claim, and an overall evaluation of your case.
Examples of Age Discrimination in the Workplace
Although employees might have different experiences in the workplace, these experiences might all fall under what we consider to be age discrimination. Common examples of workplace age discrimination in California and across the United States include:
- Being the target of comments, insults, or jokes
- Noticing patterns of the employer only hiring young people
- Getting turned down or overlooked for promotions (even though you are qualified)
- Being assigned to tedious tasks (and giving younger workers more important responsibilities)
- Facing unwarranted disciplinary actions (that do not match the discipline faced by younger employees)
- Having a position eliminated (only to be replaced by a similar position given to a younger employee)
Pursuing a Workplace Age Discrimination Claim
Depending on the facts and circumstances surrounding a situation alleged to involve workplace age discrimination, a complaint may need to be filed with either a state or federal administrative agency. The reality is that the administrative process can prove to be surprisingly challenging. As a consequence, if you believe you are the victim of workplace age discrimination, you best protect your crucial legal interests by retaining the services of an experienced employment attorney, like a member of the legal team at Eldessouky Law.
Bear in mind that you must file an administrative workplace age discrimination complaint within a specific period of time. That deadline can be a matter of a couple of months from the date of the alleged discriminatory act. An experienced age discrimination lawyer is in the best position to ensure that any claim or complaint is filed in a timely manner.
Filing an age discrimination Lawsuit in California
Depending on how a complaint with a governmental administrative agency is resolved, you may need to file a lawsuit in your quest to obtain justice in an age discrimination case. An example of when the time to file a lawsuit has arrived is if you receive what is known as a Right to Sue Letter from the Equal Employment Opportunity Commission or EEOC.
A successful age discrimination lawsuit can prove to be highly complicated litigation. For this reason, pursuing this type of lawsuit without a lawyer is not recommended.
Time Limits to File a Workplace Age Discrimination Lawsuit
California has a statute of limitations governing when a workplace age discrimination lawsuit must be filed. The failure to file a lawsuit within the mandated timeframe results in you being permanently precluded from seeking judicial relief as a victim of age discrimination.
Other deadlines come into play when a claim being made against an employer involved workplace discrimination. For example, the deadline for filing a complaint with the Equal Employment Opportunity Commission or EEOC is 180 days. The deadline is extendable in some states with strong anti-discrimination laws. For example, In California, the time limit to file a complaint is extendable to 300 days from the day the alleged discrimination took place.
In California, the state department that handles these complaints is the Department of Fair Employment and Housing (DFEH).
The bottom line is that you best protect your legal interests when it comes to all aspects associated with a workplace age discrimination claim. This includes those associated with time deadlines.
Do you need a California Age Discrimination Lawyer?
It is vital that you protect your legal interests when pursuing a workplace age discrimination claim.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
There is no cost associated with an initial consultation and case evaluation. In addition, our firm charges no fee in a discrimination case unless we win a favorable settlement or judgment for a client.
