Generally, discriminating based on age in the office is prohibited under both the Federal Age Discrimination in Employment Act (ADEA), as well as the California Fair Employment and Housing Act (FEHA).
According to each laws, there are some particular restrictions on who can sue. (For general limitations on who can sue and be sued, look to the California Fair Employment & Housing Act.)
Men and women less than 40 years of age commonly are not covered by age discrimination in the workplace laws. If a manager refuses to hire someone because he or she is thirty-nine, and therefore “too young”, that is not against the law. However, if it is because he or she is forty and “too old”, that is unlawful.
If you have been discriminated against simply because of your age, our Burbank age discrimination attorneys will help you with your case. Contact us today if you’ve been a victim of age discrimination in Burbank.
Age discrimination has particular aspects making it unlike other kinds of work discrimination. Some of these are discussed below.
Sometimes when businesses are down-sizing, they lay individuals off by offering “golden handshakes”, which are special packages to employees who agree to take early retirement. This isn’t age discrimination. However, when it is being done in order to get rid of older staff simply because of their age, and if it can be found that there is a real discriminatory reason, that’s illegal.
Replacing Older Workers
It’s against the law to replace someone over 40 with a person under 40, in the event age is the factor. It’s also illegal to replace an individual over 40 with a younger person who is also 40.
Older Worker’s Benefit Protection Act
The Older Worker’s Benefit Protection Act offers protection of benefits or benefit packages for older staff. According to the act, a company must provide equal benefits for older personnel as they do for younger colleagues. A company can achieve this through either providing packages that are equal in benefit or by investing the same amount of money on each person. No one can waive his right under this act, unless that waiver is knowing and voluntary.
Replacing Higher Earners and Age Discrimination in the Workplace
It isn’t against the law to replace workers who are earning high wages with people that will earn less because they have less seniority.
However, this can result in replacing older personnel with younger ones. If the wage factors are not the actual intent, and the employer is actually trying to replace some older workers with younger ones, that it illegal. Here, the employee must prove that it is the age, not the salary, that is stimulating the employer to let go of the older workers.
If you’ve been discriminated against simply because of your age, our Burbank age discrimination lawyers can help you with your situation. Call us today if you have been a victim of age discrimination in Burbank.
Age Discrimination Lawyer Burbank
Age discrimination attorneys fight against age discriminatory practices to the end of protecting the rights of their clients from being completely disrespected. Age discrimination is defined as a prejudice towards a certain individual or group because of their age. This can include any presumption of familiarity or sameness due to one’s age. It is said that age discrimination may relate to prejudice against any age group strictly regarding age.
Burbank Age Discrimination Attorneys
Judges generally look to circumstantial evidence to identify age discrimination by considering all the details gathered and comparing what happened to you with what happened to younger workers. Often employers place the blame on non-age relevant factors like corporate downsizing, reductions in the staff, or reorganization for the unlawful actions. However, you may recognize age discrimination when your employer takes adverse employment action due to your age while equally experienced, but younger, workers are treated differently and more favorably. Certain cases include:
- Wrongful termination
Federal and state laws protect workers from work discrimination due to age. The California Fair Employment and Housing Act defends individuals over forty from discriminatory hiring practices and employment decisions made by businesses due to age discrimination. Our age discrimination attorneys in Burbank understand the legal system and can help you understand how it applies to you.
Contact a Burbank Age Discrimination Lawyer Now
Our experienced Burbank age discrimination lawyers are experts in employment age discrimination and retirement law. We can assist you to regain past and future lost pay and benefits, settlement for mental distress, lawyer fees, and even psychological damages. Our skilled discrimination lawyers will not accept employment age discrimination. We urge you to call us today to setup a consultation about your rights.