What Qualifies as Age Discrimination in California?

Discrimination of any kind does not belong in the workplace. There are laws in place that protect employees from facing prejudice in the workplace, but unfortunately, many still experience discrimination every day. Most people are well aware of racial, ethnic, or gender discrimination, but awareness of age discrimination is less prevalent. It’s important to ask, “What qualifies as age discrimination in California?

If you are over 40 and have faced discrimination in the workplace due to your age, it’s imperative that you consult with a trusted Los Angeles age discrimination attorney immediately to ensure that your rights are protected.

What Exactly Is Age Discrimination?

Age discrimination involves treating an employee or applicant less favorably due to their age. According to the Age Discrimination in Employment Act (ADEA), age discrimination against any individual who is at least 40 years old is illegal.

The ADEA also restricts any prejudice with respect to any condition, privilege, or term of employment, including hiring, layoff, training, recruitment, promotion, firing, benefits, job assignments, and compensation.

What Are Some Examples of Age Discrimination in California?

Unfortunately, age discrimination can come in various forms and is all too common. According to a recent AARP report, nearly two-thirds of adults over 50 reported to have faced age-based discrimination in the workplace.

Here is a list of common examples of age discrimination in the workplace, all involving employees of 40 or older:

• Terminating or laying off an employee based solely on their age while in favor of younger employees
• Denying older employees promotions or career development opportunities that are offered to younger candidates
• Refusing to hire an older applicant based on their age, particularly when they possess the experience and qualifications necessary for the job
• Requiring older employees to retire at a certain age
• Subjecting older employees to different employment terms and conditions
• Offering different or lesser employment benefits such as health insurance, PTO, retirement plans, etc. based on age
• Failing to provide reasonable accommodations for older employees with disabilities, as required under the Americans With Disabilities Act (ADA). You can also reach out to Park APC and seek help from a Los Angeles disability discrimination attorney.
• Harassing older employees or creating a hostile or exclusionary work environment based on their age

It’s important to note that age discrimination can occur in many different ways beyond the examples listed above.

How Do I File an Age Discrimination Complaint in California?

If you have experienced discrimination in the workplace based on your age, it’s crucial to understand how to properly proceed with a complaint in the state of California. Once you have collected evidence of the discriminatory behavior, the next step is to file a formal complaint to the proper authorities.

Here are the required steps for filing an age discrimination complaint in California:

• Contact the California Civil Rights Department (CRD) to initiate your claim: This can be completed online or by mailing an intake form.
• Submit Evidence and Documentation: The CRD will review all relevant evidence and documentation in regard to your claim during their investigation. You must submit all evidence or documentation proving the discrimination, including any names of witnesses.
• Follow the CRD’s Instructions: After the initial investigation, the CRD will determine whether or not any employment rights violations took place. From there, you may have the option of filing a claim against your employer or using an alternative dispute resolution method to come to a settlement for compensation.

It’s important that before you begin the process of filing a complaint with the California Civil Rights Department (CRD), you speak with a reputable employment lawyer who has direct experience handling age discrimination cases in California. They can help provide you with sound legal counsel and guide you through the complex legal process while ensuring that your employment rights are protected every step of the way.

FAQs About Age Discrimination in California

How Do You Prove Age Discrimination in California?

To prove age discrimination in California, you will need to establish the following elements:

• Identify the specific events during which you experienced discrimination based on your age.
• Provide evidence to support your claim, such as witness statements and other documentation.
• File an official complaint to the Civil Rights Department (CRD) or the California Department of Fair Employment and Housing (DFEH).

What Would Be Considered Age Discrimination?

Any prejudice or discrimination toward an employee who is age 40 or older because of their age is considered age discrimination. According to the Age Discrimination in Employment Act (ADEA), it is prohibited to discriminate against any individual who is 40 or older based on their age with regard to any privilege, term, or condition of employment, including compensation, promotion, recruitment, hiring, layoff, job assignments, firing, training, and benefits.

What Are the Elements of an Age Discrimination Claim?

The four main elements of an age discrimination claim are:

• The employee is at least 40 years old.
• They performed the job well enough to meet the employer’s performance expectations.
• They suffered adverse employment action, such as being fired, demoted, laid off, denied a promotion, denied a raise in compensation, or given an unfavorable reassignment.
• They would not have suffered the adverse employment action had it not been for their age.

How Hard Is It to Prove Age Discrimination?

It can be extremely difficult to prove age discrimination. However, discrimination is much more likely to be proven if there is strong evidence or documentation that can be used to further support your claim, such as emails, performance reviews, age-related comments during interviews, statistics showing a pattern of hiring younger employees despite older candidates being more highly qualified, and more.

Consult With a Reputable Discrimination Attorney

At Park APC, our team of experienced lawyers understands the significant levels of stress and uncertainty that come with unlawful discrimination in the workplace. Every employee has the right to a safe work environment, free of discrimination. Our attorneys work with passion and diligence to ensure that employees across California have their rights protected and can secure the compensation they are entitled to.

Give us a call today to schedule a consultation with an experienced Los Angeles discrimination attorney.