Employees are protected by both federal and state laws from age discrimination. Any applicant or employee that is 40 years of age or older are protected by age discrimination laws in California. An employer is not allowed to demote, deny employment, or terminate someone based on their age. Employers are also not able to deny any employee privileges or benefits, such as on-the-job-training, promotion, hiring, or compensation as a result of their age.
There are additional protections for older employees under the federal Older Workers Benefit Protection Act. Under this act, employees who are 40 or older are entitled to 21 days to review any documents waiving their rights, like a severance agreement. Additionally, employees have 7 days to revoke these types of agreements. If you have been presented with any similar documents from you employer, please seek the advice of an employment lawyer from Hunter Pyle Law to advise you on your rights.
Age Discrimination Claims in California
Age discrimination laws apply to any employer who has 20 or more employees. Claims are filed with either the Department of Fair Employment and Housing (also known as DFEH) or the Equal Employment Opportunity Commission.
Criteria for age discrimination claims in California include:
- Employee must be 40 years or older.
- Employee must have been discriminated in either a hiring, firing, or promotional situation because they were considered too old.
- Employee must be able to prove he or she was discriminated against in favor of a younger employee.
In recent years, the Supreme Court in California has allowed age discrimination cases to be proven through circumstantial evidence, making it easier for employees with claims. For instance, if you notice at your company, that they have a high turnover rate once employees get to a certain age over 40 and are replacing them with much younger candidates, this may be enough to prove age discrimination.
Under the Fair Labor Standards Act, employees are able to receive remedies such as reinstatement, front pay, or back pay.
Examples of Age Discrimination
Common cases of age discrimination include:
Older workers encouraged to retire.
Older workers are laid off for “poor performance.”
Teasing about age in the workplace.
Hiring of younger applicants over older applicants.
Age Discrimination Lawyer in Oakland
Hunter Pyle Law’s highly experienced and knowledgeable attorneys have worked with numerous employees with their age discrimination claims. We know how to optimize your outcome. If you feel as though you are a victim of age discrimination, contact us today for an initial intake form concerning your claim.