Generally, discriminating on the basis of age in the office is prohibited 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 unique restrictions on who is able to file suit. (For the usual restrictions on who can sue and be sued, turn to the California Fair Employment & Housing Act.)
People under forty years of age commonly are not covered by age discrimination in the workplace laws. If a manager declines to employ 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 against the law.
If you have been discriminated against simply because of your age, our San Fernando age discrimination lawyers can help you with your situation. Call us today if you have been a victim of age discrimination in San Fernando.
Age discrimination has some special features making it different from other kinds of employment discrimination. A few of these are discussed below.
Golden Handshakes
At times, when employers are downsizing, they lay individuals off by giving “golden handshakes”, which are special packages to employees who agree to take early retirement. This isn’t age discrimination. However, if it is being done for the purpose of getting rid of senior staff simply because of their age, and if it can be shown that there is an actual discriminatory motive, that’s illegal.
Replacing Older Workers
It is against the law to replace a person over forty with an individual under forty, in the event age is the reason. It’s 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 workers. According to this act, a company must provide equal benefits for older personnel as they do for their younger counterparts. A company may accomplish this through either offering packages that are equal in benefit or by spending an equal amount of money on each person. Someone cannot waive his/her 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 individuals who are making high income with individuals that will earn less because they have less seniority.
However, this usually means replacing older staff with younger ones. If the wage considerations are not the real motivation, and the company is actually seeking to replace some older staff with younger ones, that it illegal. Here, the worker needs to verify that it’s the age, not the wages, which is stimulating the employer to replace the older personnel.
If you’ve been discriminated against because of your age, our San Fernando age discrimination lawyers will help you with your matter. Contact us today if you’ve been a victim of age discrimination in San Fernando.
Age Discrimination Attorney San Fernando
Age discrimination attorneys deal with age discriminatory practices to the end of protecting the legal rights of their clients from being completely harmed. Age discrimination is defined as a prejudice towards a specific individual or group due to their age. This can include any presumption of knowledge or sameness because of one’s age. It is said that age discrimination may refer to prejudice against any age group solely on the grounds of age.
San Fernando Age Discrimination Law Firm
Judges often turn to circumstantial evidence to find age discrimination by considering all the details involved and comparing what happened to you with what happened to younger workers. Generally businesses blame non-age relevant aspects like corporate downsizing, cutbacks in the staff, or reorganization for the illegal actions. Even so, you may recognize age discrimination when your employer takes adverse employment action due to your age while similarly situated, but younger, workers were treated differently and more favorably. Some cases include:
- Wrongful termination
- Demotion
- Suspension
Federal and state laws protect employees from employment discrimination based on age. The California Fair Employment and Housing Act protects individuals over age forty from discriminatory hiring practices and employment decisions made by businesses based on age discrimination. Our age discrimination lawyers in San Fernando know the legal system and we can help you understand how it applies to you.
Speak to a San Fernando Age Discrimination Attorney Today
Our law firm’s experienced San Fernando age discrimination lawyers are knowledgeable about employment age discrimination and retirement law. We can help you recover past and future lost wages and benefits, compensation for emotional distress, legal expenses, as well as psychological damages. Our law firm’s skilled discrimination attorneys won’t tolerate employment age discrimination. You need to e-mail us to setup a consultation to outline your rights.