Did You Experience Age Discrimination In The Workplace?
In the past two decades, an ever-changing employment market and an unstable economy have forced many older workers to change jobs or even careers. While workers in their 50s and above tend to have considerable experience and valuable skills, they too often experience discriminatory practices that make it harder to get hired and to keep the job they have.
Thankfully, workplace age discrimination is illegal under both federal and California law, and workers who have faced discrimination have legal recourse. If you believe you received unequal treatment in the job market or workplace due to your age, our attorneys at Moon Law Group, PC are here to help you seek justice and a financial remedy. Our lawyers have been fighting for the rights of employees in California since 2007, and we have earned a reputation for success both in and out of the courtroom.
An Overview Of Age Discrimination Laws
The federal law prohibiting this practice is the Age Discrimination in Employment Act of 1967, or ADEA. California bans age discrimination in the Fair Employment and Housing Act, or FEHA.
Both statutes protect workers who are age 40 and older from age discrimination, which is age-based unequal treatment in decisions or actions related to:
- Hiring, firing and layoffs
- Promotion and demotion
- Job assignments
- Compensation (pay) and benefits
The federal ADEA applies to businesses/workplaces with at least 20 employees, whereas California’s FEHA applies to workplaces with 5 or more employees.
Seemingly Neutral Policies Can Sometimes Be Discriminatory.
When older workers are intentionally treated unfairly based on their age, it is known as disparate treatment, and it is illegal. But even if a company has a policy or practice which is not based on age, it may be illegal if it disproportionately affects older workers as a group. This is what’s called disparate impact discrimination.
Consider the following example: A company decides to lay off most of its workers who command the highest salaries. They justify the move as simply a cost-cutting measure. But in many cases, the highest-paid employees are those who are older and have been with the company a long time. This could be challenged as disparate impact discrimination because an entire group of older employees is disproportionately affected.
Let Us Help You Build Your Case.
Proving age discrimination can be tricky because many employers will cite other justifications for their actions (such as the example above). In any discrimination claim, the details are critical, and documentation can win or lose a case. When you hire our firm, our skilled attorneys will work with you to gather the necessary evidence to demonstrate patterns and practices of discriminatory behavior, and we will fight for the resolution that best meets your needs and goals.
Contact Us And Get Started For Free.
Based in Los Angeles, Moon Law Group, PC serves clients throughout California. To take advantage of a free initial consultation about your legal matter, you can contact us online or call 213-320-0519.