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 limits on who can sue and be sued, turn to the California Fair Employment & Housing Act.)
People under 40 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 39, and therefore “too young”, that is not against the law. However, if it is because he or she is 40 and “too old”, that is against the law.
If you have been discriminated against simply due to your age, our Santa Monica age discrimination attorneys can help you with your situation.
Do not hesitate to contact our office. Speak to us today if you have been a victim of age discrimination in Santa Monica.
Age discrimination has some special features making it different from other kinds of employment discrimination. A few of these are discussed below.
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 due to their age, and if it can be shown that there is an actual discriminatory motive, that’s not legal.
Replacing Older Workers
It is unlawful to lay off a person over 40 and replace him/her with an individual under 40, in the event age is the reason. It’s also against the law to replace a person 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 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. One 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 confirm that it’s the age, not the wages, which is stimulating the employer to replace the older personnel.
If there was bias against you due to your age, our Santa Monica age discrimination attorneys will help you with your matter. Contact us today if you’ve been a victim of age discrimination in Santa Monica.
Age Discrimination Attorney Santa Monica
Age discrimination attorneys deal with age-biased 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 due to one’s age. It is said that age discrimination may refer to prejudice against any age group solely on the grounds of age.
Santa Monica Age Discrimination Law Firm
Judges often turn to incidental 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, there is 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
Federal and state laws protect employees from employment discrimination based on age. The California Fair Employment and Housing Act protects individuals over age 40 from discriminatory hiring practices and employment decisions made by businesses based on age discrimination.
Our age discrimination attorneys in Santa Monica know the legal system and we can help you understand how it applies to you.
Speak to a Santa Monica Age Discrimination Attorney Today
Our law firm’s experienced Santa Monica age discrimination attorneys 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.
If you have been discriminated against simply due to your age, our Santa Monica age discrimination attorneys will help you with your matter.