Generally, discriminating on the basis of age in the workplace is prohibited 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 specific, particular limits on who can file suit. (For typical restrictions on who can sue and be sued, look to the California Fair Employment & Housing Act.)
Individuals less than forty years old are not covered by age discrimination in the workplace laws. If an employer refuses to employ an individual because he or she is thirty-nine, and therefore “too young”, that is not illegal. However, if it is because he or she is forty and “too old”, that is against the law.
If you have been discriminated against because of your age, our Calabasas age discrimination attorneys can help you with your situation. Contact us today if you’ve been a victim of age discrimination in Calabasas.
Age discrimination has some special factors that make it unlike other kinds of work discrimination. Examples of these are discussed below.
Golden Handshakes
Sometimes when businesses are down-sizing, they lay individuals off by giving “golden handshakes”, which are special packages to workers 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 proven that there’s an actual discriminatory motive, this is illegal.
Replacing Older Workers
It’s illegal to replace a person over 40 with a person under 40, in the event age is the reason. It is also against the law to replace a person over forty with a younger person who is also forty.
Older Worker’s Benefit Protection Act
The Older Worker’s Benefit Protection Act offers protection of benefits or benefit packages for older employees. According to the act, a business must provide equal benefits for older personnel as they do for their younger associates. An employer may achieve this through either providing packages which are equal in benefit or by investing the same amount of money on each individual. No one can waive his / her right under this act, unless that waiver is knowing and voluntary.
Replacing Higher Earners and Age Discrimination in the Workplace
It’s not against the law to replace individuals who are making high salary with people that will make less because they have less seniority.
However, this can result in replacing older personnel with younger ones. If the wage considerations aren’t the real intent, and the company is actually seeking to replace some older staff with younger ones, that it illegal. In this case, the worker needs to prove that it’s the age, not the salary, that is stimulating the employer to fire the older personnel.
If you’ve been discriminated against because of your age, our Calabasas age discrimination attorneys can help you with your situation. Contact us right away if you’ve been a victim of age discrimination in Calabasas.
Age Discrimination Lawyer Calabasas
Age discrimination lawyers deal with age discriminatory practices to the end with the goal of protecting the legal 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 known that age discrimination may relate to prejudice against any age group strictly regarding age.
Calabasas Age Discrimination Law Firm
Courts often turn to circumstantial evidence to find age discrimination by looking at all the details involved and comparing what happened to you with what happened to younger staff. Usually employers place the blame on non-age related factors like corporate downsizing, cutbacks in the workforce, or reorganization for the illegal actions. However, you may identify age discrimination when your supervisor takes adverse employment action because of your age while similarly situated, but younger, workers were treated differently and more favorably. Certain cases include:
- Wrongful termination
- Demotion
- Suspension
Federal and state laws and regulations defend employees from employment 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 attorneys in Calabasas know the legal system and we can help you understand how it applies to you.
Contact a Calabasas Age Discrimination Lawyer Today
Our experienced Calabasas age discrimination attorneys are experienced in employment age discrimination and retirement law. We can assist you to regain past and future lost pay and benefits, settlement for emotional distress, lawyer fees, and even psychological damages. Our law firm’s skilled discrimination lawyers won’t tolerate employment age discrimination. We urge you to e-mail us to schedule a consultation to outline your rights.