Los Angeles Age Discrimination Lawyers
Handling Discrimination Lawsuits in Southern California
The Barkhordarian Law Firm represents workers facing a variety of employment-related issues. One of the most common legal issues employees are involved with is discrimination lawsuits. Though employers are prohibited by law from firing, refusing to hire, or otherwise discriminating against their employees based on certain protected classes, they still do it and think they can get away with it. All too often, our team has seen employees let go or demoted because of their age, and it’s illegal. If you’ve been discriminated against because of your age, call our Los Angeles age discrimination lawyers. We can determine if your employer disguised this violation as a layoff or cutback and protect your employee rights.
What Is Age Discrimination?
According to the U.S. Equal Employment Opportunity Commission, age discrimination involves mistreating an employee due to their age. Though this can happen to employees of all ages, age discrimination heavily impacts individuals who are older. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against those who are 40 or older, meaning that younger workers aren’t protected, though some states have their own laws in place to protect all workers.
Some common examples of age discrimination in the workplace include:
- Not being hired because of your age
- Not receiving a promotion, which went to a younger employee
- Termination because of your age
- Termination or not receiving a promotion following age-related comments made about you
- Poor performance reviews that can be linked to your age
In this new technological age, more and more employees are being let go or passed over for hiring because people assume they can’t adapt to technology because of their age. This may be a form of age discrimination.
It’s also unlawful to harass someone because of their age. Harassment can include things like making offensive remarks about someone’s age or creating a hostile work environment, and can be done by a supervisor, coworker, or even a client or customer.
Is It Illegal to Be Asked to Retire Early?
Some employees may suspect that they are being pushed out of their jobs because of their age when they’re asked to retire early. Employees who voluntarily retire early are often given an increase in retirement benefits in exchange for waiving their rights to file a claim against their employers.
While it’s technically not illegal for an employer to offer voluntary early retirement, if you believe you are being forced to leave your company because of your age, we recommend calling our office immediately so we can investigate your situation.
Do I Have to Disclose My Age on Job Applications?
Though it’s rare, you might be asked to disclose your age on a job application or even in an interview. It’s not illegal for employers to ask your age or date of birth, but if you believe you’ve been discriminated against in the hiring process, document as much as possible and call us to look into your application or interview. We may be able to determine if this is an instance of age discrimination.
How Our Lawyers Can Help
It’s especially important to hire a lawyer after you’ve been discriminated against and filed a complaint because it can be challenging to prove age discrimination. Employers often will disguise their discrimination by saying that layoffs were imminent or that the younger applicant they hired was simply more qualified. Additionally, not all types of age discrimination are prohibited.
Our lawyers have handled age discrimination claims before and can help you prove the following elements:
- The employer is covered by age discrimination laws
- You, the employee or applicant, are 40 years of age or older
- You were adversely affected by an employment action
- This employment action was taken because of your age
We’re also well-versed in our state’s unique laws. California’s anti-discrimination laws, for example, apply to employers that employ five or more people, people that act as an agent of a covered employer, and state or local governmental entities. If you’re an employee or job applicant, you may be eligible to seek a claim against the employer. Independent contractors generally aren’t protected by California’s anti-discrimination laws, but they are protected by certain regulations that prohibit age-based harassment.
Our lawyers are prepared to provide you with options, no matter how complex your situation may be. You can trust us to look after your well-being and protect your rights.
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