Discriminating based on age in the workplace is often not considered legal under both the Federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA).
According to these laws, there are particular restrictions on who can actually file suit. (For general limitations on who can sue and be sued, look to the California Fair Employment & Housing Act.)
People younger than 40 usually are not protected by age discrimination in the workplace laws. If an employer declines to employ an individual because he or she is 39, and therefore “too young”, that is not necessarily unlawful. But if it is because he or she is 40 and “too old”, THAT is not considered legal.
If you have been a victim of bias against you due to age, our Northridge age discrimination attorneys can help you with the issue.
Email or Email or call us right if you have been a victim of age discrimination in Northridge.
Age discrimination has some special factors making it distinctive from other types of employment discrimination. Some of these are discussed below.
Sometimes when employers are downsizing, they lay individuals off by offering “golden handshakes”. They are special packages to employees who agree to sign for early retirement. This isn’t age discrimination.
But when if it is to get rid of senior employees simply because of their age, and if it can be proven that there is a real discriminatory motive, this is not considered legal.
Replacing Older Workers
It is unlawful to replace someone over 40 with an individual under 40, if age is the reason. It’s also unlawful to replace a person over 40 with a more youthful person 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 staff. According to this act, a company must provide equal benefits for older staff as they do for younger associates.
A company may achieve this by either providing packages that are equal in benefit or by spending an equal 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 isn’t illegal to replace employees who are making high salary with people who may earn less because they have less seniority. But, this can result in replacing older staff with younger ones.
If the wage issues are not the actual intent, and the company is actually trying to replace some older workers with younger ones, that it unlawful. The worker needs to make sure that it is the age, not the salary, that is stimulating the employer to fire the older staff.
If you have been discriminated against simply because of your age, our Northridge age discrimination attorneys will help you with your case. Contact us right away if you’ve been a victim of age discrimination in Northridge.
Courts often look to circumstantial proof to find age discrimination by looking at all the facts gathered and comparing what happened to you with what happened to younger workers.
Often businesses place the blame on non-age relevant aspects such as corporate downsizing, layoff of staff, or reorganization for the unlawful actions.
Even so, you may recognize age discrimination when your supervisor takes adverse employment action because of your age while similarly situated, but younger, employees are treated differently and more favorably.
Some cases include:
(a) Wrongful termination
Federal and state laws safeguard employees from employment discrimination due to age. The California Fair Employment and Housing Act defends people over 40 from discriminatory hiring practices and employment decisions made by businesses based on age discrimination.
Our age discrimination attorneys in Northridge understand the legal system and we can show you how it applies to you.
Contact a Northridge Age Discrimination Lawyer Now
Our expert Northridge age discrimination lawyers are experienced in employment age discrimination and retirement law.
We can help you recover past and future lost pay and benefits, compensation for emotional distress, legal counsel expenses, as well as punitive damages. Our skilled discrimination lawyers won’t tolerate workplace age discrimination.
We urge you to call us now to set up a consultation to outline your rights.