California Age Discrimination Attorneys
Although federal and California state laws prohibit discrimination against individuals because of their age, it is not unusual to find that there are still employers who use discriminatory practices against older workers and job seekers. If you are an individual over 40 years old, and feel that you have been the victim of age discrimination in the workplace, our California age discrimination attorneys are available to review your legal matter. Our California labor law attorneys are aggressive advocates of California employee rights. We will evaluate not only your potential age discrimination case but also take the requisite time to review your entire employment experience for other possible California labor law violations. All our cases are accepted on a “contingency fee basis”, so you pay nothing unless we actually prevail and collect for you.
Age Discrimination In Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the Age Discrimination in Employment Act, it is against the law to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, layoff, promotions, wages, job assignments, benefits, and training.
The Age Discrimination in Employment Act specifically prohibits statements or specifications in job notices or advertisements of age preference and limitations. Since 1978 the ADEA has also prohibited mandatory retirement in most sectors, with phased elimination of mandatory retirement for “tenured workers”. Mandatory retirement based on age is still permitted for pilots who are 60 years of age and older, and executives over age 65 in high policy-making positions who are entitled to a pension over a minimum yearly amount.
For questions about the federal Age Discrimination in Employment Act, or California age discrimination labor laws and how these may apply to age discrimination you have experienced in the workplace, contact our California age discrimination attorneys. See our Resources section for additional California and Federal Employment Law information.
California Age Discrimination: Retaliation and Damages
The Age Discrimination in Employment Act (AEDA) provides protections to employees experiencing any form of retaliation. It is deemed unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the Age Discrimination in Employment Act. The California Fair Employment and Housing Act (FEHA) is a California state law which also protects people over age forty from discriminatory hiring practices and employment decisions.
If you have been unlawfully discriminated against because of your age, you may be entitled to compensatory damages, emotional distress and punitive damages. Compensatory damages may include back pay for loss of income, front pay wages, and attorney’s costs. Punitive damages are an amount required to be paid by the offending employer as a way to “punish” the unlawful activity. The topic of damages is quite complex and federal and California state laws can differ dramatically. Federal laws do not provide for emotional distress or punitive damages. Instead a determination is made as to whether the employer violation was “willful”, which may then entitle you to what is referred to as liquidated damages. It is strongly suggested that you contact an experienced California age discrimination attorney for review of your potential age discrimination claim as well as the various damages that may be available to you.
Additional remedies or relief that a court may grant include the re-hire, promotion, or hiring of the individual who was the victim of age discrimination. However, many times a reinstatement is not feasible after a hostile lawsuit proceeding, and the court often orders the employer to pay the employee for “front pay”, or lost future wages. It is the discharged employee’s responsibility to continue to actively seek other employment during the litigation in order to limit the compensatory damages. For additional questions about unlawful retaliation and remedies and damages, contact our California age discrimination attorneys.
Why Our California Age Discrimination Lawyers
Deciding whether you should pursue an age discrimination claim against your employer can be confusing. Obtaining the legal advice of qualified California age discrimination lawyers will help equip you with the knowledge you need to evaluate your decision. Our California law firm is an aggressive advocate for California employees suffering not only age discrimination in the workplace, but all forms of employer violations of California labor laws. We possess the extensive experience necessary in the labor class action arena to also accept class action lawsuits involving pervasive instances of age discrimination. It can be comforting to know that you have selected legal representation that will be a formidable opponent against your “wrong doing” employer.
Although our law firm offices are located primarily in Southern California, our California class action lawyers assist clients from San Diego and Los Angeles to northern California cities such as San Francisco and San Jose on a consistent basis. All our cases are accepted on a contingency fee basis, so you pay nothing unless we prevail. For a free case evaluation, contact our California age discrimination lawyers today.
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