Commonly, discriminating based on age in the workplace is against the law under both the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA).
According to each laws, there are some special limits on who is able to file suit. (For general restrictions on who can sue and be sued, look to the California Fair Employment & Housing Act.)
Individuals under 40 years of age commonly are not covered by age discrimination in the workplace laws. If an employer declines to hire an individual because he or she is thirty-nine, and therefore “too young”, that is not illegal. But if it is because he or she is forty and “too old”, that is illegal.
If you have been discriminated against because of your age, our Beverly Hills age discrimination lawyers can help you with your case. Contact us today if you have been a victim of age discrimination in Beverly Hills.
Age discrimination has particular factors making it unlike other kinds of work discrimination. Examples of these are discussed below.
Sometimes when employers are down-sizing, they lay individuals off by offering “golden handshakes”, which are special packages to employees who agree to take early retirement. This is not age discrimination. However, when it’s being executed for the purpose of getting rid of senior workers just because of their age, and if it can be shown that there is a real discriminatory reason, that is illegal.
Replacing Older Workers
It’s illegal to replace an individual over forty with someone under 40, if age is the factor. It is also against the law to replace a person over forty with a younger individual who is also 40.
Older Worker’s Benefit Protection Act
The Older Worker’s Benefit Protection Act provides protection of benefits or benefit packages for older workers. According to the act, an employer must provide equal benefits for older employees as they do for their younger counterparts. An employer can accomplish this by either providing packages that are equal in benefit or by spending an equal amount of money on each person. An individual can not waive their right under this act, unless that waiver is knowing and voluntary.
Replacing Higher Earners and Age Discrimination in the Workplace
It is not against the law to replace people who are making high salary with individuals that will earn less because they don’t have seniority.
However, this usually means replacing older personnel with younger ones. If the wage factors are not the real motivation, and the employer is actually trying to replace some older employees with younger ones, that it illegal. In this case, the employee needs to prove that it is the age, not the salary, that is motivating the employer to let go of the older employees.
If you have been discriminated against because of your age, our Beverly Hills age discrimination lawyers will help you with your case. Contact us today if you have been a victim of age discrimination in Beverly Hills.
Age Discrimination Attorney Beverly Hills
Age discrimination lawyers fight against age discriminatory practices to the end with the goal of protecting the legal rights of their clients from being completely harmed. Age discrimination is described as a prejudice against a specific individual or group because of their age. This includes any assumption of knowledge or sameness due to one’s age. It is known that age discrimination may relate to prejudice towards any age group exclusively regarding age.
Beverly Hills Age Discrimination Attorneys
Courts often turn to circumstantial proof to find age discrimination by looking at all the facts gathered and comparing what happened to you with what happened to younger workers. Generally employers blame non-age relevant aspects like corporate downsizing, cutbacks in the workforce, or reorganization for the illegal actions. Even so, you may encounter age discrimination when your supervisor takes adverse employment action due to your age while equally experienced, but younger, workers were treated differently and more favorably. Some instances include:
- Wrongful termination
Federal and state laws and regulations safeguard individuals from work discrimination based on age. The California Fair Employment and Housing Act protects men and women over 40 from discriminatory employing practices and employment decisions made by businesses based on age discrimination. Our age discrimination lawyers in Beverly Hills know the legal system and we can help you understand how it effects you.
Speak to a Beverly Hills Age Discrimination Lawyer Right away
Our experienced Beverly Hills age discrimination attorneys are experts in employment age discrimination and retirement law. We can assist you to regain past and future lost wages and benefits, settlement for mental distress, attorney expenses, and even psychological damages. Our law firm’s skilled discrimination attorneys will not accept workplace age discrimination. You need to contact us to setup a consultation to outline your rights.