Age Discrimination Attorney Referral Service
What are common age discrimination claims?
An age discrimination claim involves a situation where a job applicant or employee has been treated less favorably because of his or her age.
This type of behavior is prohibited by the Age Discrimination in Employment Act (ADEA). The Act protects those above the age of 40 from being discriminated against due to their age. Unfortunately, the Act does not protect workers under the age of 40, but some states do have laws that will protect those who may not be within the purview of the ADEA.
It is also important to note that it is not illegal for an employer to favor an older worker over a younger worker, even if both are 40 or older.
Common age discrimination claims include:
- Not being hired because of one’s age
- Being fired because of one’s age
- Being harassed in the workplace because of one’s age
- Using one’s age when awarding a promotion
- Using one’s age when awarding fringe benefits or job assignments
Additionally, an employment policy or practice that applies to every employee can still be illegal if it has a negative impact on job applicants or employees that are 40 or older. The policy or practice must also not be based on a reasonable factor other than age.
What are the laws in California concerning age discrimination?
California prohibits age discrimination of those who are 40 or older. This is encompassed in the Fair Employment and Housing Act (FEHA).
The FEHA is similar to the ADEA. However, it applies to smaller employers – employer with at least five employees are covered by this law.
How can an attorney help me with an age discrimination case?
While there are laws that prohibit discrimination based on a job applicant or employee’s age, this type of discrimination is actually very hard to prove. This is often because the discrimination is not documented in a manner that would provide clear cut evidence allowing for a judge or jury to determine that discrimination based on age has occurred.
An attorney will be able to gather all the facts and determine ways in which age discrimination can be proven. Employers, especially if they are big corporations, are often reluctant to settle, and try to intimidate an individual bringing an age discrimination claim. An experienced employment law attorney who specializes in age discrimination cases will not be intimidated by an employer, no matter how well-known or large the company is.
Furthermore, an age discrimination lawyer will be comfortable both negotiating a settlement with the employer and trying the case in front of a judge or jury. Trial and negotiation experience will go a long way, especially when it comes to a claim that is often difficult to prove such as this one.
If you feel you have been discriminated against at your job or when applying for a job, it is in your best interest to consult with an age discrimination attorney who can evaluate your case and increase your chances of receiving compensation for the wrong that was done to you.
For a referral to a properly vetted attorney, contact the Attorney Referral Service of the San Fernando Valley Bar Association (818) 340-4529.