Los Angeles Age Discrimination Lawyer

Los Angeles Age Discrimination Lawyer

Coming face to face with age discrimination is a bitter pill to swallow. You have worked hard all your life and developed marketable skills. You still have much to contribute to an employer, but you find yourself a victim of ageism and illegal age discrimination. A Los Angeles age discrimination lawyer can help you seek justice.

For people in this situation, the federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) offer some hope of relief. These laws protect the rights of workers over 40. They also provide remedies for employees who have suffered from discrimination in hiring, promotion, discipline and termination on account of age or who have suffered harassment on the basis of age.

At the Law Offices of Reisner & King LLP, we aggressively represent older workers who have suffered age discrimination, harassment in the workplace, wrongful termination, denial of their medical leave rights and other employment law violations.

Call us at 818-981-0901 to learn how we can help you. We represent employees throughout the Los Angeles area and the State of California.

Layoffs And Mass Terminations

Age discrimination can sometimes occur when employers lay off multiple employees in a restructuring or downsizing. Savvy employers will take care to include people from a wide range of classes in the layoffs, including older workers, younger workers and those in between. But sometimes layoffs and terminations can be highly selective, as when an employer chooses to include primarily older workers in a layoff — workers who tend to be more highly paid than younger ones.

If you believe that you and your fellow employees have been targeted for termination because of age, contact our firm for a free consultation concerning your legal options.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act protects employees over the age of forty from being treated unfairly in the workplace due to their age. In the past, it has been difficult for employees who are getting older to maintain their positions in the workplace or receive promotions they deserve because they are regarded as too old to perform certain duties.

The purpose of this act is to encourage employers to treat their older employees fairly, regardless of their age, in every area of employment. This includes job reviews, hiring, terminations, promotions, and other employment practices. The ADEA ensures employees of a certain age are protected and given equal opportunities.

Equal Employment Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission is a federal agency that upholds the laws that protect employees from age discrimination in the workplace. They are specifically equipped to take on and handle complaints of discrimination. If you believe you are being discriminated against in the workplace because of your age, you may need to file a formal complaint with the EEOC.

The EEOC works to uncover discriminatory conduct in the workplace. Depending on their findings, you may be able to take legal action against your employer. Again, working with an experienced attorney in Los Angeles can help you understand what courses of action are most beneficial to you. Regardless, it’s important to stand up for your rights and seek legal action when necessary.

Medical Leave Rights

Many older people have health conditions that require them to meet fairly frequently with their doctors. Under the Family and Medical Leave Act (FMLA), you have the right to take up to 12 weeks of unpaid time off per year to attend to your medical needs. This time does not have to be taken all at once. You can use it for the purposes of meeting with your doctor or obtaining periodic medical treatment.

If you have been denied medical leave in violation of the FMLA, you may be entitled to compensation. Our clients in discrimination litigation cases do not pay any fees upfront. Instead, we charge attorney fees only when we obtain compensation from a settlement or jury award.

What Age Discrimination Looks Like in the Workplace

Workplace age discrimination can look different depending on the working environment, employer, coworkers, and other aspects of the workplace. However, there are several common behaviors and acts that can be considered age discrimination. Some of these include:

• Derogatory remarks. Harassment can take on many forms, one of which is derogatory remarks about one’s age. They can come from employers or fellow employees and may be considered a form of age discrimination.
• Refusal to hire due to age. Sometimes, employers refrain from hiring a capable individual for a job simply because of their age. These employees can have all the necessary qualifications and be fully capable of performing the required tasks, but employers will refuse to hire them because they believe age is more important than ability.
• Termination. Age discrimination can result in an employee being fired from their position because they are seen as too old to continue doing their job effectively. Often, victims who are terminated due to age are still fully capable of performing their duties.
• Demeaning job assignments. Sometimes demeaning job assignments are given to employers who are older, not because they are less qualified to perform other tasks, but because their employer wants the job done by a younger employee, who they may feel is more efficient.

This is not a comprehensive list of what age discrimination can look like in the workplace. If you believe something that is happening to you at work falls under the umbrella of age discrimination, it’s important to reach out to a knowledgeable attorney as soon as you can to hold those engaging in misconduct liable.

Age Discrimination in Hiring Practices

It may be difficult for people above a certain age to secure a new job. Such individuals may have an impressive array of skills and experience, but because of their age, they may be turned away. Employers who are hiring may look primarily at age for a number of reasons, including the prospect of longevity at a company.

If you have faced, or are currently facing, what you think may be age discrimination while in the process of looking for a job, it can be hard to handle alone. While proving age discrimination in the hiring process can be more difficult, an experienced attorney can give you guidance on what steps to take to defend your rights.

FAQs

At What Age Are You Protected From Age Discrimination in California?

You are protected from age discrimination in California at the age of forty. Age discrimination happens when an employer treats an employee negatively or adversely because of their age. These employees are often treated less favorably than younger employees, who are seen as being more capable of certain job duties.

Can You Sue for Age Discrimination in California?

In California, you may be able to sue for age discrimination in the workplace, but you have a limited time from the date the discrimination occurs to file a claim. In order to prove age discrimination, you must be able to show that your employer would not have treated you in a particularly negative way if it were not for your age. This can often be difficult to prove because it is not usually explicitly stated or given as a reason for the negative treatment.

What Is the Age Protected Class in California?

Employees in California who are forty years and older are legally protected from age discrimination in the workplace under the Age Discrimination in Employment Act. This can include discrimination in any area of employment, from hiring to promotion to termination. There are also specific qualifications for businesses that are subject to this act.

How Can I Prove Age Discrimination?

In order to prove age discrimination in Los Angeles, you must be able to prove that your employer would not have treated you in a particularly negative way if it were not for your age. This can often be difficult to prove because it must be clear that the behavior is based on age. The process of proving age discrimination will vary depending on the conditions and nature of the workplace, but evidence of the misconduct must be provided.

Take Action Against Age Discrimination

Age discrimination is unacceptable misconduct, especially in the workplace. Treating a person unfairly because of their age is a violation of their rights, and the responsible party should be held accountable. Contact the Law Offices of Reisner & King LLP to file a claim and defend your rights.