Newport Age Discrimination Lawyer
If your employer fired you, demoted you, or took any other negative employment action against you because of your age, you have the right to file an employment claim against them to recover the economic and non-economic damages that you have endured as a result. Under laws like the federal Age Discrimination in Employment Act and California’s Fair Employment and Housing Act, it is unlawful to treat an applicant or employee less favorably because of their age. Unfortunately, ageism still exists despite state and federal laws that prohibit it in the workplace. Our Newport Beach age discrimination lawyers at The Garza Firm can help you hold your employer accountable for their actions.
Which Workers Are Protected Under the Age Discrimination in Employment Act?
Under the Age Discrimination in Employment Act (ADEA), it is illegal for an employer to discriminate against an applicant or employee who is 40 years old or older. As such, the law does not apply to workers under 40. Furthermore, it is legal for an employer to give preferential treatment to an older employee even if both employees are over 40. For example, if two applicants are equal in skill and one is 60 and the other is 45, an employee can legally choose the 60-year-old over the 45-year-old based on age alone. The reverse scenario, however, would not be in accordance with the law.
Examples of Age Discrimination
It is unlawful for an employer to make any of the negative following employment decisions based on an employee’s age if they are over 40:
- Refusal to hire
- Job termination
- Denying promotions or bonuses
- Demoting the employee
- Wage or hour reductions
- Changing the employee’s schedule
- Transferring the employee to a different position
- Moving the employee to a different job location
- Giving poor performance reviews
- Denying advancement opportunities
- Denying benefits
Proving Age Discrimination
In order for an age discrimination claim to succeed, you, as the plaintiff, must be able to prove the following:
- That you were 40 or older at the time of the adverse employment action
- That you were qualified for the position that you held or were applying for
- That you suffered an adverse employment action, such as being fired or missing out on a promotion
- Another employee or applicant who was sufficiently younger than you was given preference
Proving this can be difficult, as employers rarely make the mistake of admitting to their ageist reasoning, such as verbally or in an email. An experienced attorney will build a strong case by making your employer’s discriminatory motivations clear.
Harassing an employee because of their age is another form of discrimination; it does not have to take the form of an adverse employment decision. Harassment can include making fun of the employee, threats, teasing, vulgar language, exclusion, and more.
Call a Newport Beach Age Discrimination Lawyer Today
Age discrimination is one of the most common forms of unfair treatment that employees suffer from, and it is often difficult to prove. If your hours have been cut back, your wage reduced, or you did not get a job you were qualified for due to your age, we urge you to contact The Garza Firm and our Newport Beach age discrimination lawyers today at 949-570-8350 to schedule a free case evaluation.