Los Angeles Age Discrimination Lawyer
Of the many different types of discrimination that occur in the workplace, age discrimination is one of the most common. All workers in Los Angeles, and throughout the entire country, have the right to be free from discrimination, regardless of their age. Unfortunately, many employers discriminate against older workers and when they do, employees suffer losses such as lost income and benefits and sometimes, even the loss of their job.
If you feel as though your employer has treated you differently due to your age, you may be able to file a legal claim against them. Our Los Angeles age discrimination lawyer can help you obtain the compensation you deserve for your losses.
How to Prove Age Discrimination
The Age Discrimination Act of 1975 is a federal law that prohibits employers from firing or demoting employees for reasons based on the worker’s age. Employers also cannot consider age when making decisions about hiring certain employment candidates. In California, the Fair Housing and Employment Act largely mirrors the federal law. You can file a lawsuit against your employer if they have discriminated against you and violated either of these laws, but you must prove that age discrimination took place.
Important evidence that can help you prove your age discrimination case are the documents you received upon a demotion or termination. Your employer may have included certain language that shows that they are trying to recruit younger employees, while distancing themselves from older workers. Policies regarding termination and retirement or severance packages can also help strengthen age discrimination cases.
Although age discrimination is sometimes difficult to prove, some cases are known as prima facie. In these cases, little evidence is needed because the facts of the case are so strong. The following four elements are necessary to have a prima facie case:
- You are 40 years old or older,
- You were demoted, denied a promotion or other opportunity, or were wrongfully terminated,
- You have the necessary qualifications for a job but were not hired, and
- The position was not filled after you were rejected for employment, or was offered to another employee who was younger
Even when the above elements do apply to your case, you should still collect certain evidence such as showing a regular pattern of younger employees being treated more favorably than older workers.
How to File an Age Discrimination Lawsuit
The process of filing an age discrimination lawsuit starts with filing a claim with the Equal Employment Opportunity Commission. You must file this claim within 30 days of the discriminatory behavior. If you do not file within this time, you may be barred from taking further legal action. The EEOC will investigate the complaint and notify you whether you have valid grounds for a lawsuit. Once you have received your “Right to Sue” document, you should then contact an attorney who can help you through the lawsuit process.
Our Age Discrimination Lawyer in Los Angeles Can Provide Sound Legal Representation
If you have been the target of discrimination, you need the help of a Los Angeles age discrimination lawyer. At The Garza Firm, our seasoned attorneys can advise you of the state and federal laws that protect you and give you the best chance with any lawsuit you file. Call us now at (949) 570-8350 or contact us online to schedule a free consultation and to obtain the legal advice you need.