Generally, discriminating based on age in the office is illegal under both the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA).
Under each law, there are some special limits on who can file suit. (For general restrictions on who can sue and be sued, turn to the California Fair Employment & Housing Act.)
Men and women under 40 years old are not covered by age discrimination in the workplace laws. If a manager refuses to employ somebody because he or she is thirty-nine, and therefore “too young”, that is not necessarily 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 simply because of your age, our Port Hueneme age discrimination attorneys will help you with your situation. Call us today if you’ve been a victim of age discrimination in Port Hueneme.
Age discrimination has particular aspects making it distinctive from other types of employment discrimination. Examples of these are discussed below.
Occasionally when employers are down-sizing, they lay individuals off by giving “golden handshakes”, which are special packages to workers who agree to take early retirement. This isn’t age discrimination. However, if it is being done for the purpose of getting rid of older workers simply because of their age, and if it can be found that there is a real discriminatory motive, that’s illegal.
Replacing Older Workers
It is illegal to replace someone over 40 with an individual under 40, in the event age is the factor. It is also illegal to replace an individual over forty with a more youthful 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, a business must provide equal benefits for older employees as they do for younger colleagues. A business can accomplish this by either offering packages which are equal in benefit or by investing the same amount of money on each person. An individual cannot waive his right under this act, except when that waiver is knowing and voluntary.
Replacing Higher Earners and Age Discrimination in the Workplace
It isn’t illegal to replace individuals who are earning high income with people that will make less because they don’t have seniority.
However, this usually means replacing older staff with younger ones. If the wage considerations are not the actual motivation, and the employer is actually seeking to replace some older staff with younger ones, that it against the law. Here, the worker must verify that it is the age, not the wages, which is motivating the business to replace the older personnel.
If you have been discriminated against simply because of your age, our Port Hueneme age discrimination attorneys will help you with your situation. Call us right away if you have been a victim of age discrimination in Port Hueneme.
Age Discrimination Attorney Port Hueneme
Age discrimination attorneys fight against age discriminatory practices to the end with the goal of defending the rights of their clients from being completely taken advantage of. Age discrimination is defined as a prejudice towards a certain individual or group because of their age. This can include any presumption of knowledge or sameness because of one’s age. It is said that age discrimination can refer to prejudice towards any age group exclusively on the grounds of age.
Port Hueneme Age Discrimination Attorneys
Courts often turn to circumstantial proof to identify age discrimination by looking at all the pieces of information involved and comparing what happened to you with what happened to younger individuals. Usually employers place the blame on non-age relevant aspects such as corporate downsizing, reductions in the staff, or reorganization for the unlawful actions. However, you may encounter age discrimination when your manager takes adverse employment action because of your age while similarly situated, but younger, employees are treated differently and more favorably. Some cases include:
- Wrongful termination
Federal and state laws safeguard employees from employment discrimination based on age. The California Fair Employment and Housing Act protects men and women over age forty from discriminatory employing practices and employment decisions made by companies based on age discrimination. Our age discrimination attorneys in Port Hueneme understand the law and can show you how it affects you.
Speak to a Port Hueneme Age Discrimination Lawyer Right away
Our experienced Port Hueneme 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, compensation for mental distress, lawyer fees, as well as punitive damages. Our law firm’s skilled discrimination attorneys won’t accept workplace age discrimination. You need to contact us to schedule a consultation to inform you of your rights.