Federal and state laws protect employees and applicants over 40 from age discrimination. Job applicants cannot be denied employment because of age. Individuals cannot be demoted, terminated, or forced into retirement because they are over 40. Federal law also protects employees over 40 from reduced benefits, including severance agreements. Our workplace discrimination attorneys could assist you if you feel your rights have been violated. Let a Mar Vista age discrimination lawyer help you hold your employer accountable today.
Age discrimination claims must meet the following criteria:
Employers can also challenge claims, requiring employees to prove the actions were discriminatory. Under California law, the employee must demonstrate that age was a “substantial motivating factor” for the employer’s actions. Federal law requires employees to prove that the decision was made because of the employee’s age. An age discrimination lawyer from Employee Civil Rights Group has the knowledge needed to help Mar Vista employees determine whether they have been victims of age discrimination.
There are several common types of age discrimination in the workplace.
When age discrimination is involved, younger, less qualified employees receive promotions instead of older, more qualified individuals. The action may be part of a pattern or unwritten bias against workers over 40.
Many employers lack transparency regarding individual compensation and discourage discussion of job responsibilities and wages among employees. However, informal office conversations often reveal information on raises or promotions. If a younger coworker in the same position with similar qualifications is paid more, it could be considered age discrimination.
Supervisors or managers who start documenting disciplinary actions or job performance critiques may be creating a paper trail to justify age-based discrimination. It is essential to consult an age discrimination attorney in Mar Vista to discuss how to proceed.
Companies can demonstrate an age bias during recruitment. They can slant job announcements to applicants under the age of 40. The interview process may even include questions to determine a candidate’s age without directly asking.
Federal law regarding age discrimination applies to any business with 20 or more employees. However, state law applies to companies with five or more employees. If your employer is subject to California anti-discrimination laws, you must first file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
Your case will be reviewed, and interviews will be conducted to determine if your complaint should be investigated. If your claim requires investigation, you may need to provide written statements. If your claim is rejected, you can file a lawsuit against your employer. As with any court case, filing dates and documentation have specific deadlines. A Mar Vista attorney skilled in fighting age discrimination in the workplace could aggressively advocate for your rights and assist you with this process.
Age discrimination can be frustrating. Having an experienced Mar Vista age discrimination lawyer could help ease the frustration. The lawyers at Employee Civil Rights Group understand the emotional toll workplace discrimination can take. That is why they aggressively pursue your claims. If you are a victim of age discrimination, contact the Employee Civil Rights Group for a free consultation.
