Age discrimination is a form of employment discrimination that occurs when an employer treats an employee or job applicant less favorably because of their age. In California, it is illegal for employers to discriminate against employees or job applicants who are 40 years of age or older based on their age.
If you believe that you have been the victim of age discrimination in the workplace, you may be entitled to compensation and other legal remedies. At Bridgford, Gleason & Artinian, our experienced California age discrimination attorneys are here to help you understand your legal rights and options and pursue the justice you deserve. Contact us today for your free consultation.
What is California Age Discrimination?
California age discrimination is a form of employment discrimination that occurs when an employer treats an employee or job applicant less favorably because of their age. Age discrimination is prohibited by both state and federal law, and it is illegal in California for employers to discriminate against employees or job applicants who are 40 years of age or older based on their age. This means that employers cannot base employment decisions, such as hiring, firing, promotions, or pay, on an employee’s or job applicant’s age. Additionally, employers cannot create policies or practices that have a discriminatory impact on employees or job applicants who are 40 years of age or older. If an employer is found to be discriminating against their older employees or prospective employees, a California age discrimination attorney can help you pursue legal justice.
Examples of California Age Discrimination
Some examples of age discrimination in California include:
- An employer laying off or firing older employees because of their age, even if they are still competent and productive.
- Refusing to hire an older job applicant because of their age, even if they are qualified for the job.
- Paying older employees less than younger employees who perform the same job duties and have the same qualifications and experience.
- Passing over older employees for promotions and giving them to younger, less qualified employees.
- Harassing older employees with ageist comments or making age-based jokes that create a hostile work environment.
Successful Claims for California Age Discrimination
- In 2019, a jury awarded a former Los Angeles Times sports columnist $15.4 million in damages in an age discrimination lawsuit. The plaintiff alleged that he was fired because of his age and replaced with a younger journalist.
- In 2018, a 68-year-old former employee of tech giant Hewlett-Packard was awarded $11.2 million by a Santa Clara County jury after she was laid off in 2013. The plaintiff claimed that she was let go because of her age and that the company had a culture of age discrimination.
- In 2017, a federal jury in San Diego awarded a 58-year-old former employee of a San Diego credit union $3.5 million in damages in an age discrimination case. The plaintiff claimed that she was passed over for promotions and eventually fired because of her age.
California Laws on Age Discrimination
California has several laws that protect workers from age discrimination in the workplace, including:
- The California Fair Employment and Housing Act (FEHA): This law prohibits employers from discriminating against employees and job applicants who are 40 years of age or older based on their age.
- The federal Age Discrimination in Employment Act (ADEA): This law also prohibits employers from discriminating against employees who are 40 years of age or older based on their age.
- The Older Workers Benefit Protection Act (OWBPA): This law prohibits employers from denying benefits or offering reduced benefits to older employees based on their age.
Statute of Limitations for California Age Discrimination
In California, the statute of limitations for age discrimination claims depends on the type of claim and the agency with which the claim is filed.
If you want to file a claim with the California Department of Fair Employment and Housing (DFEH), you must do so within one year of the date of the alleged discrimination. The DFEH is responsible for investigating and enforcing claims of age discrimination under the California Fair Employment and Housing Act (FEHA).
If you want to file a claim with the federal Equal Employment Opportunity Commission (EEOC), you must do so within 180 days of the date of the alleged discrimination. However, if your claim is also covered by California law, you may be able to file a claim with the DFEH instead, which gives you a longer period to file.
Contact Our California Age Discrimination Lawyers Today
Age discrimination is a serious issue that can have a significant impact on an individual’s life and career. If you believe you have been the victim of age discrimination in California, it is important to consult with an experienced age discrimination attorney. Out lawyers have a proven track record of fighting for our clients. To learn more, read some of our client testimonials.
Our California age discrimination lawyers can assess your case, help you understand your legal rights, and work with you to pursue justice and compensation. At Bridgford, Gleason & Artinian, we believe that by taking action against age discrimination, you not only protect your own rights but also send a powerful message to employers that discrimination in any form will not be tolerated. It is never too late to stand up for yourself and fight against age discrimination. Contact us today for your free consultation.