Our Orange County age discrimination lawyers have years of experience fighting for the rights of employees, especially those who have been discriminated against due to their age. If you are more than 40 years old and have experienced discrimination or retaliation in the workplace, seek legal counsel with an employment attorney at Aegis Law Firm.

What is Age Discrimination?

Age discrimination is defined by the EEOC as any act that involves treating an applicant or employee less favorably because of their age.

Examples of Age Discrimination

There are many ways that age discrimination shows up in the workplace, including:

Firing or laying off a person due to their age
Hiring a younger applicant instead of a more qualified, older applicant
Seeking younger job candidates in job postings and hiring decisions
Forcing or pressuring someone to quit due to their age
Offering lower pay, reduced benefits, or restricted job assignments based on age
Demoting or cutting a person’s hours due to age
Harassing an employee based on their age with remarks or insults

If your employer has retaliated against you or treated you differently because of your age, contact our skilled Orange County age discrimination attorneys today for a free consultation.

Which Employers Must Comply With Age Discrimination Laws?

California’s age discrimination law under FEHA applies to all employers who regularly employ five or more people. This includes:

Public and private employers
State government employers
Labor organizations
Apprenticeship programs
Employment agencies
Licensing boards

Damages That May Be Won in an Age Discrimination Case

Employees who have been unfairly treated in the workplace due to their age can seek a wide range of legal remedies and damages. Our team of trained age discrimination attorneys in Orange County are prepared to stand by your side and help you pursue compensation for the following:

Recovery of lost wages
Court costs and legal fees
Pain and suffering
Job reinstatement
Possible punitive damages

U.S. Age Discrimination Statistics

The Equal Employment Opportunity Commission (EEOC) received 14,183 charges of age discrimination in 2020 alone, representing 21% of all discrimination charges. These charges resulted in $76.3 million in monetary benefits being paid out, though this number is likely much higher when considering additional benefits secured through litigation.

According to a 2018 survey conducted by AARP:

Nearly one quarter of workers age 45 and older have been subjected to negative comments about their age from coworkers or supervisors.
Roughly 3 of 5 older workers have experienced age discrimination in the workplace.
More than three quarters of older workers see age discrimination as a hurdle for finding a new job.
More than half of older workers are prematurely pushed out of longtime jobs, with the vast majority (90%) of these workers never earning as much again.

State and Federal Laws Protect Against Age Discrimination

California employment law prohibits discrimination on the basis of age under Government Code §§12940 and 12941. Like the federal Age Discrimination in Employment Act, the Fair Employment and Housing Act (FEHA) bars discrimination against individuals over the age of 40 under Government Code §12926(b). But the FEHA provides more remedies than federal law does. For example, California law allows recovery for emotional distress and punitive damages, with no statutory limit on damage awards.

It is generally unlawful under the FEHA to do any of the following on the basis of a person’s age:

Refuse to hire or employ the person
Refuse to select the person for a training program leading to employment
Bar or discharge the person from employment or from a training program leading to employment
Discriminate against the person in compensation or in the terms, conditions or privileges of employment

Other Ways FEHA Protects Against Age Discrimination

California prohibits the use of salary as a basis for differentiating between employees when terminating employment under Government Code §12941. An employee may succeed on a claim of age discrimination by proving that the employer used salary as a basis for termination and the employer’s use of salary adversely affected older employees. While the statute limits itself to addressing salary, other differences between younger and older workers, such as promotions and benefits, may be challenged as age discrimination under the FEHA as well.

Notwithstanding the above, the FEHA does not make it unlawful for employers to promote within the existing staff, hire or promote on the basis of experience and training, rehire on the basis of seniority and prior service, or hire under specified established recruiting programs. You may also refuse to employ a person based on age, when required to do so by other laws (e.g., child labor laws) under Government Code §12940(a)(5).

FEHA also prohibits mandatory retirement ages, even in bona fide private pension or retirement plans. Employees who wish to work beyond any retirement date and express this wish to the employer must be allowed to do so beyond the date provided for in their respective pension or retirement plans under Government Code §12942.

For more information or to secure legal representation, call Aegis Law Firm at (949) 379-6250 for a free consultation with a skilled age discrimination lawyer in Orange County.

Orange County Age Discrimination Attorney