BAY AREA AGE DISCRIMINATION LAWYERS
While experience is sometimes rightfully valued by employers, other times experienced employees are shunned or ostracized by a younger generation of employees or supervisors. This is not only disrespectful and wrong, it can be illegal.
Call our Bay Area age discrimination lawyers of Bracamontes & Vlasak, P.C., today to schedule a free consultation by calling 415-835-6777
Common Forms Of Age Discrimination
Age is a protected class in California just like color, gender, and sexual preference. It is unlawful for an employer to subject an employee to disparate treatment because of age. You do not have to be fired to have grounds for a lawsuit against your employer for age discrimination. Many times, age discrimination takes subtler forms, such as:
- Decreases in pay
- Disparate treatment
- Creation of a hostile work environment
- Demotions
- Failure to promote
- Abusive or ageist comments
- Assigning demeaning tasks
- Forcing to quit
The status of being 40 years old or older entitles one to legal protections against ageism in California. California’s Fair Employment and Housing Act (FEHA) prohibits disparate treatment on account of age, just like other protected classes, such as medical conditions, disability, religion, or marital status.
The employment lawyers at Bracamontes and Vlasak have achieved excellent results for employees suffering age discrimination in the workplace. Each situation is different and we can advise you:
- Whether and how to lodge complaints
- How to document unlawful practices and build a case
- Whether to quit or risk being fired
- Whether to negotiate or file a lawsuit
Housing Discrimination
Pursuant to California Civil Code § 51.10, it is also unlawful for business establishments to discriminate in the sale or renting of housing based on age. Follow these links for our tenant and housing practice areas: Landlord-tenant, Wrongful eviction, Eviction defense.
Frequently Asked Questions On Age Discrimination In California
What is age discrimination under California law?
Age discrimination, as defined by the Fair Employment and Housing Act (FEHA), occurs when an employer unfairly treats an employee or job applicant who is 40 years of age or older solely because of their age. This form of discrimination can manifest in various ways, affecting crucial employment decisions such as hiring, firing, promotion opportunities, salary adjustments, job assignments, and other essential terms and conditions of employment.
Who is protected by California’s age discrimination laws?
The protections stipulated by the FEHA specifically apply to individuals who are 40 years old or older. Unfortunately, this means that younger workers do not have the same age-related legal protections, although they may find safeguards under other employment laws that address different forms of discrimination.
What are examples of age discrimination?
Age discrimination can take on various forms, often subtle yet impactful. Some common examples include:
- Being overlooked for a promotion in favor of a younger, less experienced colleague, which can hinder career advancement opportunities.
- Receiving negative performance reviews immediately following the milestone of turning 40, despite a history of positive evaluations, which may indicate biased evaluation practices.
- Being excluded from training or professional development opportunities, limiting access to growth and advancement in one’s career.
- Facing layoffs or being forced into retirement while younger employees, who may be less experienced, are retained, raising concerns about the fairness of employment decisions.
- Job postings that explicitly seek young, energetic, or recent graduates, which can foster an environment that undervalues the contributions of older workers.
Can an employer ask about my age during the hiring process?
During the hiring process, employers may request your date of birth for legitimate reasons, such as conducting background checks. However, they are prohibited from using your age as a basis for making employment decisions. Any questions that explicitly or implicitly reveal your age during interviews could be construed as discriminatory, especially if they contribute to a denial of employment.
How can I prove age discrimination?
Demonstrating age discrimination can be a complex endeavor since employers seldom acknowledge biases. To build a compelling case, diligent documentation is essential. You should gather evidence that includes:
- Patterns of favoritism toward younger employees, demonstrating a trend that disadvantages older workers.
- Sudden changes in your performance evaluations following your 40th birthday, highlighting potential bias in assessment.
- Comments or jokes related to age made by supervisors or colleagues, which may reveal underlying prejudices.
- Instances of being reassigned or excluded from critical projects, suggesting that age was a factor in decision-making.
- Evidence that younger, less qualified individuals were promoted or hired over you, establishing a basis for discrimination claims.
What should I do if I believe I’ve been discriminated against?
If you suspect that you have been a victim of age discrimination, it is important to take action promptly. You can file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory incident. The CRD will conduct an investigation into your claim and may provide mediation services. If a resolution cannot be reached, you may receive a “right to sue” notice, which allows you to escalate the matter to civil court through a lawsuit.
Can I be retaliated against for reporting age discrimination?
Absolutely not. The FEHA strongly prohibits any form of retaliation against employees who report discrimination, file complaints, or cooperate with investigations. If you experience retaliation—such as being demoted, terminated, or subjected to harassment—you may have grounds for an additional legal claim, further protecting your rights.
Are there exceptions to the law?
In certain rare circumstances, age may be deemed a bona fide occupational qualification (BFOQ). This could occur in situations where age directly impacts job performance or safety. Nevertheless, employers must rigorously prove that age is an essential requirement for the position, which often represents a significant legal hurdle.
Contact Our Bay Area Age Discrimination Attorneys
Age discrimination is an ongoing concern in California’s workforce, particularly as more individuals continue to contribute their skills and experience well into their 60s and beyond. It is vital for employees to be aware of their rights and to document any potential violations. If you suspect that you have been subjected to age discrimination, seeking guidance from an employment attorney or contacting the CRD can provide important resources and support in navigating this complex issue.
If you have been the victim of age discrimination in employment or housing, you have a limited time to act to preserve your rights, as there are statutes of limitations and claim requirements under FEHA that must be followed.
Contact our experienced Bay Area age discrimination lawyer at Bracamontes and Vlasak today for a free consultation. We are also available by telephone at 415-835-6777.
