When To Consult With An Age Discrimination Employment Law Attorney in California

As long as you are 40 years old or older, it is illegal for your employer to discriminate against you because of your age. Age discrimination is unlawful under both federal and state laws. If you have been the victim of age discrimination or abuse, you can speak with a knowledgeable California age discrimination attorney.

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Only older people can file age discrimination lawsuits under the federal Age Discrimination in Employment Act (ADEA) and the California Equal Employment and Housing Act (FEHA). To prove age discrimination, you must demonstrate that you were 40 or older at the time of the adverse employment action. You were handled differently in a similar position than other workers who did not have your protected characteristic.

The following are some of the most prominent examples of age discrimination in the workplace:

Being passed over for a promotion in favor of a younger candidate solely on the basis of age
An employer can give an older employee a poor performance review due to age-related factors such as inability to learn or adjust to new technology.
Since the employer thinks you'll retire soon, you won't be able to get a job.
Losing your work as a result of an employer's age-related remarks
The assignment of impossible-to-complete assignments, with the failure to "keep up" with one's movement speed being blamed on their age.

These scenarios have occurred many times and, sadly, go unreported all too often.

Failure to promote, firing, failure to recruit, disparate wages, wage reductions, denial of reinstatement, being compelled to leave or move, harassing behavior, layoffs in which only older workers are let go, or receiving a poor work evaluation because you were deemed old and therefore inflexible are all examples of discrimination.

An age discrimination attorney in California would help you file a lawsuit if you were not promoted because the business needs a more "youthful" atmosphere and new faces in lucrative customer-facing roles. Similarly, if your coworkers refer to you as an old dog and play pranks on you, and when you complain to HR, they inform you that the other employees are more important, so you must put up with it, you may have grounds for an age discrimination lawsuit.

Employers are, by law, prohibited from discriminating against people over the age of 40 while designing apprenticeships or publishing work advertisements under the FEHA and the ADEA.

What Laws Prevent Discrimination Against Employees?

Employees are protected from discrimination under federal and state laws. The Civil Rights Act of 1964 and the California Fair Employment and Housing Act are two of the most significant of these statutes. It is illegal for employers to discriminate based on an employee's religious beliefs, ethnicity, national origin, color, heritage, mental or physical disability, marital status, sex, gender or gender identity, speech, age, sexual orientation, or military or veteran status under these laws. Discrimination against people who have a hereditary predisposition to illness is also illegal in California. It is against state law to test workers for genetic markers.

There is also a special clause in state law for "English only" policies. Unless the essence of the company requires it, an employer cannot forbid or limit workers from using any language in the workplace, according to California law. If this is the case, workers must be informed of when and where language use is prohibited, as well as any resulting implications.

In terms of civil rights, California laws are generally more expansive than federal laws, particularly when it comes to sexual harassment and discrimination against people with disabilities. Unlike federal legislation, a sexual assault survivor may hold a coworker directly accountable for harassment at work.

State laws vary from the federal Americans with Disabilities Act in terms of disability. Physical disabilities, mental disabilities, and medical conditions are all described broadly in California law, and there is no provision for significant limitations on daily activities.

What Is the Equal Employment Opportunity Commission (EEOC) and What Does It Do?

The Equal Employment Opportunity Commission has authority over workplace discrimination complaints (EEOC). This federal agency investigates all sexual harassment and discrimination cases and issues recommendations to employers who are found to be in violation of state and federal labor laws. In certain cases, you must first file a report with the Equal Employment Opportunity Commission (EEOC) and wait for approval before filing a lawsuit against an employer for sexual discrimination.

When you file a discrimination claim with the EEOC or the DFEH, they will investigate your allegations and decide if the workplace violated federal or state civil law. They will notify you and your employer if they find proof of abuse or discrimination, as well as any suggested measures. You will be eligible to file a private lawsuit with the assistance of a California employment attorney at this stage. These lawsuits are intended to compensate you for any economic and non-economic losses incurred as a result of workplace abuse. If you have any additional questions about your claim, contact a Los Angeles discrimination lawyer.

Employees' anti-discrimination and harassment protections begin well before they are hired. Discrimination in the workplace may also take the form of refusing to interview or employ someone because of a protected trait, refusing to give a raise, or failing to hire or promote someone because of their race, religion, sexual orientation, age, or other factors. When based on a protected feature, it may include workplace abuse, mockery, and other forms of retaliation. While the employer may have the right to hire the best person for the job and encourage or pay raises to those they believe are most deserving, they cannot do so based on any legally protected characteristics.

Similarly, it is illegal for an employer to discriminate against an employee who files a discrimination or abuse lawsuit or otherwise complains about improper treatment at work. Retaliation can take several forms, some of which are obvious and others that are less so. Demotion, wage reductions, adverse changes in working conditions, denial of promotion, or even termination can be used as retaliation. Retaliation is against the law in both California and the United States.

Mass Terminations And Layoffs

When employers lay off several workers as part of a restructuring or downsizing, age discrimination may occur. Employers with foresight can ensure that layoffs include employees from a variety of classes, including older, younger, and in-between jobs. However, some layoffs and terminations are highly selective, such as when an employer wishes to lay off mostly older employees, who are typically higher paying than younger workers.

Right to Medical Leave

Many older people have medical problems that necessitate regular visits to their physicians. You have the right under the Family and Medical Leave Act (FMLA) to take up to 12 weeks of unpaid leave every year to attend to your medical needs. This time does not have to be consumed in one sitting. It can be used to schedule appointments with your doctor or to receive routine medical care.

You could be entitled to compensation if you were refused medical leave in breach of the FMLA.

Retirement Requirements

FEHA prohibits mandatory retirement ages in employee retirement programs, with a few exceptions.

Do I Need the Services of a Workplace Discrimination Attorney?

Handling your employment discrimination claim on your own could put you in jeopardy of more violations of your worker's rights. Your employer, for example, could mislead you into believing you have no grounds for a claim or fail to fix the problem. No one will take advantage of you during the claims process if you employ a discrimination law firm. Your employment attorney will guide you through each step while keeping your best interests in mind. Rather than going up against your boss on your own, your employment attorney will handle the settlement negotiations on your behalf.

If you have experienced substantial harm as a result of an employer's conduct, you will need the assistance of a Los Angeles discrimination lawyer. A lawyer could help you get back on your feet if your employer's illegal behavior resulted in job termination, demotion, reputation loss, or some other negative outcome that affected your life. In order to keep your employer responsible for discrimination, you can need the help of an employment attorney. As you concentrate on recovery, the lawyer will advocate for a favorable outcome.

Speak to an employment attorney about your legal options if you're not sure if the expense of an employment attorney is worth it for your particular argument.

Retaliation in the Workplace

Workplace retaliation can take a number of forms, each with varying degrees of severity. The following are some examples of workplace retaliation:

Being demoted
Receiving an unfavorable career reference
Being inconveniently relocated
Being switched to a less desirable shift

Wrongful Termination

If you believe you are the victim of workplace retaliation, contact an Employment Lawyer in Los Angeles as soon as possible. Retaliation in the workplace is a time-sensitive problem, and your ability to file an effective workplace retaliation lawsuit in California depends on how quickly you respond.

If you have concerns about the California workplace retaliation laws or a wrongful termination case, contact a Los Angeles Employment Lawyer today.

Proving Workplace Retaliation

A Los Angeles worker must create a connection between the allegation of unlawful conduct and the Act of workplace retaliation in question in order to show retaliation in the workplace. Providing a timeline of events is a good way to show a clear link between your argument and your employer's retaliatory actions.

The seriousness of the results of retaliation in workplace cases is also taken into account by California workplace retaliation law. The retaliation had to be serious enough that a rational individual would have avoided raising the issue if the outcome had been known ahead of time.

For example, if a California employee claims sexual harassment in the workplace and is then demoted, the employee could have reconsidered filing the complaint if they knew it would result in their demotion.

Since many workers are hired "at will," proving workplace retaliation can be difficult. Jobs in California are employed on an "at-will" basis, which means a contract does not bind them. At-will employment means that either the employer or the employee can end the relationship at any time and for any reason. This isn't to suggest that an at-will employee isn't protected from retaliation on the job. Under federal and California labor laws and the Whistleblower Protection Act, any employee is protected from harassment in the workplace.

What is the Whistleblower Protection Act of California?

The Whistleblower Protection Act (WPA) safeguards federal workers and job applicants who legitimately reveal details that they fairly believe demonstrates:

a violation of the law, a rule, or a regulation
sheer negligence
a colossal waste of money
overuse of power
a significant and specific threat to public health and safety

Certain federal employees are prohibited from taking or threatening to take any disciplinary action against an employee or applicant for jobs because of the employee's or applicant's covered whistleblowing under the WPA. See 5 USC 2302(b) for more details (8).

The Whistleblower Protection Enhancement Act (WPEA) was enacted to protect whistleblowers

The WPEA was signed into law by Congress in 2012 to improve protections for federal workers who disclose fraud, waste, or harassment. The WPEA clarifies the extent of protected disclosures and establishes that they remain protected because:

The information was sent to someone who was involved in the misconduct, including a supervisor
The alleged corruption has already been made public
the motivation for the employee to report the wrongdoing
The information was revealed when the employee was off the clock
If the employee may prove that the personnel action was taken in retaliation for the disclosure, it was made during the employee's usual course of duty
The period of time that has elapsed since the events mentioned in the disclosure occurred.

The WPEA covers disclosures that an employee reasonably believes are evidence of censorship relating to research, study, or technical knowledge that causes, or may cause, gross government waste or mismanagement, misuse of power, a serious and immediate danger to public health or safety, or any other legal breach. It increases the severity of punishments for violations of whistleblower rights and creates the role of Whistleblower Protection Ombudsman.

Enhancement of Contractor Reprisal Defense (41 USC 4712)

The National Defense Authorization Act of 2013 (NDAA) established a pilot program that prohibits Federal contractors, subcontractors, grantees, and subgrantees from firing, demoting, or otherwise discriminating against employees who make covered whistleblower disclosures. Congress changed the program in 2016 to make such safeguards permanent.

Ombudsman for Whistleblowers

The CPSC created a Whistleblower Ombudsman as part of the Whistleblower Protection Enhancement Act of 2012 to inform agency workers about the prohibitions on retaliation for whistleblowing, as well as employees' rights and remedies if they are subjected to retaliation for making a protected disclosure.

By rule, the Ombudsman cannot serve as a Whistleblower's representative, agent, or advocate.

Special Counsel's Office

The Office of Special Counsel (OSC) is a government agency that investigates and prosecutes prohibited workplace actions, such as whistleblower retaliation, by federal agencies.

What Are an Employer's Responsibilities?

As a California employer, you must obey those laws and regulations in the workplace. There are essential responsibilities that an employer must fulfill in cases of discrimination. To begin with, anti-discrimination laws in California apply to companies with five (5) or more employees, agents for the employer, and state and governmental bodies. Any employee who works on behalf of the employer and is given unique powers and obligations within the company is referred to as an agent.

Supervisors and coworkers are often excluded from discrimination cases, and a lawsuit will not be filed against them. If a coworker or boss discriminates against another employee because of their age, the employer may be held responsible. After all, it is the employer's duty to ensure that such accidents do not occur or that they are dealt with appropriately. Only in cases of sexual harassment will a boss or coworker be prosecuted. This is not the same as age discrimination, but depending on the circumstances, it can be lodged alongside a discrimination lawsuit.

Discrimination based on age has some exceptions:

Employers who have discriminated against their workers because of their age could be granted an exemption under some circumstances.

Depending on Occupational Qualifications

If it is based on a bona fide occupational qualification or BFOQ, any employer can discriminate against one of their employees over the age of forty. This is the practice of removing a group of people based on their age because they are unable to adequately and safely perform the job they have been assigned, and leaving them where they are will create problems for the company.

However, in court, this exception is seldom invoked in cases of age discrimination. Both employers must have evidence that the use of a BFOQ is legitimate.

Professors and lecturers

Tenured faculty members at certain institutions of higher learning, such as colleges, could be forced to retire. Employees who were required to resign on a yearly basis must be able to re-enter the workforce in these situations.

Physicians

Physicians who are 70 years old or older who work for a licensed medical company may be required to retire. However, the medical corporation's bylaws and articles must provide provisions for mandatory retirement.

Managing Director

Certain executives or high-level policymakers will be required to retire at a certain age by private employers. These are referred to as "good faith" limitations. These workers must be eligible for at least $27,000 in taxable retirement benefits under this exemption. Employees must also have reached the age of 65 at the time of retirement.

System of Seniority

Another legal justification is a genuine seniority scheme that was developed in good faith. This is a scheme that takes into account work tenure while allocating workplace rights, benefits, and salaries. However, there must be no motive to discriminate in order for it to not be considered age discrimination. Employees cannot be compelled or required to retire because of their age under this scheme.

Making a Complaint about Age Discrimination

You have the right as an employee to file a lawsuit against your employer if you believe you are being discriminated against because of your age. Since age discrimination is illegal under both state and federal laws, depending on the circumstances of the incident, a lawsuit can be lodged with a couple of different agencies. The Equal Employment Opportunity Commission (EEOC) assists in the enforcement and regulation of federal age discrimination legislation, such as the Age Discrimination in Employment Act. Since the Act protects all age groups, you can file an age discrimination lawsuit here. It is important to remember, however, that age discrimination cases with the EEOC normally necessitate comprehensive administrative relief before a complaint can be brought against an employer.

Age discrimination may also be reported to the Department of Fair Employment and Housing in California. Since the Act is aimed at workers aged 40 and over, this should be the place to file a complaint if this is the case. Furthermore, this state statute is more expansive, allowing for greater coverage for the injured victim. To be considered, the case must be lodged within one year of the alleged incident.

Under the DFEH, an employee will either have the right to sue their boss as soon as possible, or the complaint will be investigated to see whether the case can proceed. You must normally contact the department and request a letter in order to have an automatic right to sue. The majority of cases are handled by the department's inquiry.

The age discrimination investigation process can take up to 60 days. During this time, an investigator will examine the facts of the case to decide if the allegation is legitimate. If the allegation is found to be false, the case will be dismissed; however, the victim will have the right to sue their employer right away. If your claim is approved, the department's legal division can require you and your employer to participate in a mediation service to reach an agreement. As a result, both of you will have a say in the case's outcome and how it is resolved. If this does not happen, the case can be brought to court as a lawsuit. Following that, a judge will assist in determining the result and damages.

Wrongful Termination: What Is It?

If an employer fires an employee in violation of state or federal employment regulations, this is known as wrongful termination. For example, your former employer would be breaking the law if they fired you because you were pregnant. That will be a wrongful dismissal.

It would be a breach of whistleblower laws if you reported your boss for engaging in illegal acts and were fired as a result. Another common cause of unfair firing is whistleblower retaliation.

California is a state where people can come and go as they please. Your boss, on the other hand, is not allowed to fire you for reasons that are illegal. You will be entitled to file a wrongful firing lawsuit against your former employer.

What Are Some Examples of Wrongfully Terminated Employees?

There are several scenarios that may be considered unfair termination. Wrongful termination can occur for a variety of reasons, including:

If any of these factors played a role in the decision to fire the employee, even if only in part, the firing is unlawful under the law. In such cases, the wronged employee might be able to file a wrongful termination charge. Similarly, if there were several reasons for the termination, unfair termination could occur if some unlawful motive played a significant role in the decision.

In addition to these considerations, unfair termination happens when an employee is fired for exercising legal rights. When an employee is dismissed due to pregnancy/family leave or alleging sexual assault, this is a common occurrence. Furthermore, firing an employee for reporting the employer's unlawful activity or illegal and unsafe working practices to government officials (also known as "whistleblowing") is illegal.

Employees who have been wrongfully terminated have the right to file a complaint and demand punitive damages from their former employers. Employees who have been wronged can be able to recover economic losses, such as lost income and benefits in the past and future. Emotional losses can also be compensated. Punitive damages can be awarded if the employer's actions are exceptionally malicious or reprehensible.

Is My Boss Responsible for Wrongful Termination?

The circumstances determine whether an employer is guilty of wrongful termination. In a wrongful termination case, there are a number of state and federal statutes that can apply. Laws governing workplace safety include:

The Civil Rights Act of 1964 was enacted to protect civil rights in the United States.
The California Fair Employment and Housing Act (California Fair Employment and Housing Act)
The Age Discrimination in Employment Act is a federal law that prohibits employers from discriminating against
Act on Family and Medical Leave
The California Family Rights Act

To learn more about whether the laws above refer to your case, talk with one of our prescreened Los Angeles employment attorney.

In addition to breaking the laws outlined above, an employer can be charged with unfair termination if they breach an employment contract. Your Employment Lawyer will also investigate possible contract breaches.

Should You Sue for Wrongful Termination?

The circumstances determine whether you will file a petition or a complaint about wrongful termination. Before you begin the claims process, you should consult with an employment attorney. Retaliation or discrimination are common factors in unfair termination lawsuits. To bring a lawsuit against a private, state, or federal employer, you must follow certain procedural measures.

Discrimination cases are handled by the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission (EEOC) in California.

If your case allows it, you will be able to recover money for your losses by filing a wrongful termination lawsuit. Compensation may include:

Wages and benefits have been lost
Compensation for emotional distress caused by the loss of a job or a bad reputation
An employment law attorney will assist you in determining whether or not it is appropriate to sue your former employer.

Wrongfully fired for refusing to participate in illegal activity

Employees have long had the right to sue for wrongful firing for refusing to commit perjury or other offenses, as well as refusing to participate in illegal discrimination against another employee.

Tameny v. Atlantic Richfield Company (Arco), decided by the California Supreme Court in 1980, is a more recent example. After 15 years of service, the employee said he was fired by Arco for refusing to engage in a plan to set retail fuel prices in violation of federal and state antitrust laws.

Our environmental protection laws may also be used to support a lawsuit for wrongful termination. An employee might be fired if he or she refuses to spill chemicals into the ground rather than properly dispose of them.

Wrongful Termination Due To The Fulfillment Of A Statutory Obligation

The employee could file a wrongful termination claim against the employer if the employee refused to fulfill an obligation that would subject the employee to criminal charges, and the employer dismissed the employee because the employee did perform the obligation.

Wrongfully terminating an employee for filing a required report of alleged child violence, a physician reporting a patient's seizures to the Department of Motor Vehicles, or a nursing home staff member reporting elder abuse to the relevant regulatory agency are all examples of wrongful termination.

Wrongfully Terminated for Exercising Your Right Or Privilege

Wrongful termination claims may be made when an employee is fired for exercising a legal right or privilege, such as:

For making a workers' compensation claim, you will be fired
discharged as a result of membership in and participation in a labor union
discharge for jury service
Discharge to eat a meal and take a break from the brakes

Wrongful Dismissal for Reporting a Legal Violation (Employee Whistleblowers)

Section 1102.5 of the California Labor Code provides essential protections for employee whistleblowers.

Section 1102.5, subpart (a), prohibits an employer from making, adopting, or enforcing any rule or policy that prevents an employee from disclosing information to the government or a law enforcement agency, the employee's supervisor, another employee with authority to investigate or correct law violations, or any investigative agency (given that the employee has reasonable cause to believe the information is false).

Section 1102.5, subpart (b), mirrors subpart (a) and prohibits retaliation against employee whistleblowers. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Reporting Workplace Safety Violations

Federal and state governments have put forward legislation that protects workers while in their worksites. The Occupational Safety and Health Administration (OSHA) is the federal agency in charge of workplace safety. In-State Level California Law, the Division of Occupational Safety and Health (DOSH) is under the Department of Industrial Relations.

OSHA in California allows citizens to file reports exposing safety breaches anonymously. This is to protect employees and the general public from hazards. You may do this directly or through an Employment Lawyer, in which case the records can become part of a lawsuit.

It is unlawful for employers to retaliate against employees who report safety violations under Labor Code Section 6310. Any employee who has firsthand knowledge of safety regulations may contact OSHA. The following are examples of safety breaches that may be reported:

Unsafe work, such as eliminating safety guards or devices
On a building site, failure to obey OSHA regulations, such as open shafts and exposed job and perimeter surfaces, and improper crane construction
There are no helmets, no drinking on the job, and so on
Failure to provide protective equipment (for example, hearing or respiratory protection) in an industrial or manufacturing environment
Failure to train workers, resulting in unsafe handling of hazardous materials or equipment
Where there have been threats of workplace abuse, failing to take precautions or protect workers;
Failure to protect the public from lead or other toxic substances used on the job.

Comparing Wrongful Termination and Constructive Discharge

Constructive discharge or constructive dismissal occurs when an employee is compelled to leave rather than commit a breach of public policy. The employee must demonstrate that he or she was forced to work under such inhumane conditions that a rational individual in the employee's position would have had no choice but to resign.

For constructive discharge and wrongful firing, the damages are the same.

Find an Age Discrimination Lawyer in California

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