Los Angeles Age Discrimination Lawyer

Even with federal and state anti-discrimination laws protecting workers aged over 40 years, employers still find ways to push older workers out of the work. If you have been treated unfairly at work because of your age, you should speak with an experienced Los Angeles age discrimination lawyer who can help you fight for your rights.

• At Aegis Law Firm, we have been helping workers fight for their rights for almost 20 years.
• We know how difficult it can be to deal with ageism in the workplace. Our Los Angeles age discrimination attorney understand what you are going through and we are here to help you recover from the wrongs that you have suffered.
• We take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.

If you are being unfairly treated by your employer, or facing a forced retirement from the workforce because of your age, a Los Angeles employment law attorney from our firm can help you. Call (949) 379-6250 to schedule your free consultation with one of our experienced age discrimination lawyers.

How Can a Los Angeles Age Discrimination Lawyer Help My Claim?

A Los Angeles age discrimination yawyer can provide valuable assistance in building and pursuing your age discrimination claim. Here are some ways they can help:

Legal Guidance

They are well-versed in California and federal employment laws, including those related to age discrimination. They can provide skilled and experienced guidance on the legal aspects of your case.

Case Evaluation

An attorney will assess the merits of your claim by reviewing the evidence, such as emails, documents, witness statements, and any other relevant materials. This helps in determining the strength of your case.

Collecting Evidence

They will help gather and organize evidence to support your case. This could include documents, emails, witness testimonies, and expert opinions in support of your case.

Guidance on Filing Procedures

Your attorney will ensure that all necessary paperwork is completed accurately and submitted within the required deadlines, as well as advise you on the appropriate agency to file with.

Negotiation and Settlement

A Los Angeles age discrimination lawyer can engage with your employer or their legal representation to negotiate a fair settlement on your behalf. This may involve seeking compensation for any resulting damages, back pay, reinstatement, or other remedies.

Litigation Representation

If your case progresses to litigation, your Los Angeles age discrimination attorney will represent you in court. They will prepare legal documents, present arguments, cross-examine witnesses, and advocate for your rights.

Protection Against Retaliation

Your lawyer will advise you on how to protect yourself from any potential retaliation by your employer as a result of filing a discrimination claim.

Emotional Support

Dealing with a discrimination case can be emotionally taxing. An attorney can offer support and counsel to help you navigate the process.

An experienced and reputable Los Angeles age discrimination lawyer who specializes in employment law can play a crucial role in advocating for your rights. They will significantly increase your chances of a favorable outcome to ensure you receive justice and the maximum compensation possible.

What Constitutes Age Discrimination in the Workplace?

California’s Fair Employment and Housing Act (FEHA) prohibits age discrimination in the workplace. Under the law, unless a person is unqualified for the job, an employer cannot discriminate against them based on their age alone. Any of the following actions by an employer based on a person’s age may constitute discrimination:

• Hiring and Promotion: Refusal to hire or employ, promote, or provide equal opportunities to employees or job applicants based on their age.
• Training and Development Opportunities: Denial of participation in training leading up to employment or professional development.
• Unequal Terms and Conditions: Discrimination in compensation or in terms conditions, or privileges of employment.
• Harassment: Subjecting an individual to offensive, derogatory, or hostile behavior based on age. This can include derogatory comments, jokes, or age-related slurs.
• Negative Stereotyping: Making assumptions or applying stereotypes about an employee’s capabilities, performance, or adaptability based on their age.
• Forced Retirement: Imposing mandatory retirement ages, policies, or practices that require employees to retire at a specific age, which is generally illegal under federal law.
• Segregation: Isolating or segregating employees based on age, such as assigning tasks or workspaces solely based on age.
• Retaliation: Taking adverse actions against an employee who has raised concerns or filed a complaint about age discrimination.

How Long Do I Have to File an Age Discrimination Claim?

In California, if you believe you have been a victim of age discrimination, you generally have to file a claim within a specific time frame, but the deadline depends on which agency you choose to file with:

• You have three years from the date of the alleged discriminatory act to file a complaint with the California Civil Rights Division (CRD).
• If you file a federal claim with the U.S. Equal Employment Opportunity Commission (EEOC), you typically have 180 days from the date of the alleged discrimination to do so. In some cases, the deadline can be extended to 300 days.

Many California workers prefer to file with the CRD because of the lengthier time window. Additionally, it may be advantageous to pursue a claim in State court rather than federal, depending on your situation. However, in either case, it is crucial to act promptly if you believe you’ve experienced age discrimination in the workplace. As time passes, the more witnesses’ memories will fade, and evidence can disappear.

Lawsuit Statute of Limitations

If you receive a Notice of Right to Sue from the EEOC or CRD, you have a limited amount of time to file a lawsuit in court. If the notice is from the EEOC, you then have 90 days. If the notice comes from the CRD, you have one year.

How to Prove an Age Discrimination Case

To be successful in an age discrimination case, a person who claims that they have suffered adverse employment action because of their age must prove all of the following elements of their case:

• The defendant employer had five or more employees
• The claimant was an employee of the defendant or applied for a job with the defendant
• The defendant either terminated the claimant’s employment, refused to hire the claimant, or subjected the claimant to some other type of adverse employment action, or constructively terminated the claimant
• The claimant was aged 40 or older at the time of the action complained of
• The claimant’s age was a substantial motivating reason for the employer’s actions
• The claimant suffered harm
• The employer’s action was a substantial factor in causing the claimant’s harm

Employers have very creative ways to circumvent age discrimination laws, and disguise age discrimination as lawful actions. This is why you need an age discrimination attorney in Los Angeles who knows the law and has experience dealing with such cases.

Age-Based Harassment

In addition to age discrimination, California’s FEHA also prohibits age-based harassment. Any person aged 40 and above, who was subjected to harassment in the workplace based on their age, may be entitled to compensation for damages. To establish a claim, the employee must prove that the harassment created a hostile work environment, which was a substantial factor in causing them harm.

Age Discrimination Statistics

If you are over a certain age, finding a job or staying in employment might be challenging because of your age. There is no doubt that age biases exist in the workplace. A Special Age Discrimination in America Report published by the American Association of Retired People (AARP) reported that age discrimination claims represented 22% of all discrimination claims reported to the Equal Employment Opportunity Commission (EEOC) between 1997 and 2008.

What To Do If You Suspect Age Discrimination

If you suspect age discrimination in the workplace, it is vital to take proactive steps to address the issue and protect your rights. Here is a guide on what to do:

• Document Everything: Keep a detailed record of any incidents that you believe may be indicative of age discrimination. Include dates, times, locations, people involved, and what happened.

• Review Company Policies: Familiarize yourself with your company’s policies and procedures, particularly those related to discrimination and harassment. This will help you understand the proper channels for reporting such incidents.

• Consult an Attorney: Consider seeking advice from an experienced Los Angeles employment attorney. They can provide guidance on the best course of action based on your specific situation.

• Talk to Your Supervisor or HR: If you feel comfortable, discuss your concerns with your supervisor or the Human Resources department. They may be able to address the issue internally.

• File a Complaint: If your initial discussions do not lead to a favorable resolution, consider filing a formal complaint with your company’s HR department, following their established procedures.

• Keep Records of Communications: Maintain copies of any written communications related to your complaint, including emails, letters, or any responses you receive from your employer.

• File a Formal Complaint: If internal avenues do not lead to a satisfactory resolution, you may want to file a complaint with an external agency (the CRD or EEOC).

• Cooperate with Investigations: If your complaint triggers an internal or external investigation, cooperate fully with the process. Provide any requested information or documentation.

• Protect Against Retaliation: It is against the law for an employer to retaliate against you for filing an age discrimination complaint. If you experience retaliation (e.g., forced time off, job termination, reduced hours, etc.), document the incidents and consult your attorney.

• Consider Mediation: If the CRD or EEOC investigates and determines there is reasonable cause to believe that age discrimination occurred, they will notify both parties of the outcome. In addition, the agency may notify of their intent to file a lawsuit but may require the parties to attend mediation before proceeding to court.

If you wish to pursue legal action independent from the CRD or EEOC, you can request a Right-to Sue when you file the formal complaint. However, the agency will not investigate the complaint even if you decide not to file a lawsuit.

Contact Los Angeles Age Discrimination Attorneys For a Free Case Consultation

If you feel that your employer has discriminated against you or treated you unfairly because of your age, call the experienced and passionate team at Aegis Law Firm for help. To schedule an initial free consultation with one of our Los Angeles age discrimination attorneys, call us at (949) 379-6250 or message us online.