619-342-8000San Diego
AGE Discrimination
Lawyers
Employee discrimination is a serious issue in the State of California. State and federal laws govern employers and employees. If you suffered discrimination while working or seeking work in the State of California, you have options for holding an employer accountable for their actions. You should understand important details regarding employment law in California.
The San Diego employment discrimination attorneys of Haeggquist & Eck, LLP offers legal representation for employees who suffer employment discrimination in San Diego and surrounding counties. Call our office today for a free case evaluation during which we can discuss the facts of your case. Retaining an attorney is an important step to take when you want to hold your employer liable for discrimination.
No one wants to feel discriminated against at work.
Table of Contents
San Diego
Age Discrimination Lawyers
Age discrimination in the workplace treats an employee or job applicant differently because they’re older. Federal and California age discrimination laws protect workers and applicants 40 years or older.
If you need help with an age discrimination claim, contact the San Diego age discrimination lawyer at Haeggquist & Eck LLP right away.
We handle cases like yours all regularly, and we can assess whether you have an age discrimination case.
We provide life-changing results and closure for employees and consumers. We are proud to be San Diego’s employee and consumer rights advocates. Our passion doesn’t stop in the courtroom either.
Laws Protecting Against Age Discrimination
In The Wordplace?
The establishment of specific criteria in the federal legislation is what we know as the Age Discrimination in Employment Act.
Protections under the ADEA are in place for employers with 20 or more employees. If an employer has less than 20 employees, protections that are in effect under ADEA do not extend to employees working for that organization. Employers in these categories all qualify for ADEA: private businesses, local government agencies, state governmental agencies, federal agencies, employment agencies, and labor organizations.
California also has laws that protect against workplace age discrimination. These laws include the Fair Employment and Housing Act, FEHA, which offers protection similar to the federal law discussed above. FEHA covers people 40 years of age and older in California against employment discrimination. A quality San Diego age discrimination lawyer can determine whether federal, state, or both apply in your specific situation.
There are many examples of employment age discrimination in California. Leave it up to your employment discrimination lawyer to examine the specific facts and circumstances that determine whether or not a claim may exist.
In our law practice, we frequently see California employment age discrimination claims that involve:
- Disparate treatment in hiring because of age
- Disparate treatment in firing due to age
- Unequal treatment in granting work-related privileges or benefits because of age
- A layoff of employees due to age
- Disparate job assignments because of age
- Disparate promotion policies based on age
- Unequal or dissimilar compensation due to age
Retaliation in the
Workplace
Additionally, federal and California laws extend protection against retaliation in the workplace. If an employee exerts their rights regarding age discrimination, the employer cannot retaliate against you. Retaliation includes making an internal report that alleges this conduct.
Protection also serves against a situation where the employee is testifying or providing evidence regarding a coworker subject to employment age discrimination.
Questioning Age
In California, FEHA prohibits employers from asking employees about their specific age. Similarly, the FEHA forbids a company from asking the age of candidates for employment.
Further studies conclude that there is a difference between age discrimination in California and the rest of the United States. Most of the time, women are the primary targets of age discrimination. Nearly 72 percent of women in the workplace between 45 and 74 believe they face workplace age discrimination. Inversely, roughly 57 percent of men between the ages of 45 and 74 believe they face employment age discrimination.
The Equal Employment Opportunity
Commission
When it comes to the Equal Employment Opportunity Commission handles a variety of different types of discrimination claims. Their purview includes workplace age discårimination too.
In any given year, the EEOC receives approximately 20,000 age discrimination claims. Of that 20,000, roughly 20 percent arise from allegations of age discrimination.
If you are the victim of workplace age discrimination, contact the EEOC or a lawyer immediately. You can file a claim with EEOC or pursue a lawsuit. A San Diego
Harassment Based On
aGE
As we review more in-depth age discrimination, it brings up another point worth mentioning. Harassing employees in the workplace qualifies for unlawful discrimination when harassment is frequent and severe. It eventually creates a hostile or offensive work environment that serves as the basis for age-based harassment.
Unlike other discrimination cases, the law does not require employees to be damaged. Unlawful harassment claims are complete simply by the harassment itself. For example, a manager or superior who constantly makes offensive or derogatory remarks about an employee’s age can constitute unlawful discrimination.
-
An employer rewards younger, less-experienced employees with
promotions or work opportunities instead of older ones regardless of high
performance. -
An employee older than 40 receives an unexpected demotion for no
apparent reason. - An employee older than 40 loses a job for no apparent reason.
-
An employer does not offer an employee older than 40 the job because the
employer wants a younger-looking person to fulfill the job duties. -
An employer turns down an employee older than 40 for a promotion because
the organization wants to hire someone younger from outside the company. - Company layoffs where the company only terminates older individuals.
- An employee older than 40 receives a negative job evaluation for unclear reasoning.
-
An employee older than 40 is constantly the subject of harassment by their manager
and coworkers regarding their age, which creates a hostile work environment.
Protect Your Rights With a
San Diego Age
Discrimination Attorney
The legal team at Haeggquist & Eck LLP is readily available to explain your legal rights. Our lawyers are here if you have any suspicion that you are the target of workplace age discrimination. You can contact one of our workplace age discrimination attorneys by dialing 619-342-8000 or visiting us on our website and submitting a form. We can schedule an initial case evaluation and case evaluation with our dedicated team at your convenience.
Rest easy knowing that there is no charge or obligation with an initial appointment. We never charge a fee in an age discrimination claim. Moreover, we never charge attorney fees in any discrimination case unless we win for you. Haeggquist & Eck attorneys commit to fighting tirelessly on your behalf every day. The goal is to ensure you receive justice and fair compensation.
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