Age Discrimination
This matter is close to our hearts. We understand the clear line between ethical and unethical behavior, and we've built our professional lives around helping others recognize that line as well.
Los Angeles Lawyer for Age Discrimination in the Workplace
Employment Attorneys Sacramento is resolute in our dedication to offering superior legal services to employees who have experienced age discrimination at work. Centrally located in Los Angeles, we are dedicated to advocating for fairness in our community and across California, serving clients all over the state.
Information Regarding Our Legal Services for Age Discrimination
Age discrimination is a widespread and often ignored problem. Although it's illegal under both the Age Discrimination in Employment Act (ADEA) and California's Fair Employment and Housing Act (FEHA), it still occurs in many workplaces. Our services are available to employees who have been treated unjustly, overlooked for career advancement, or terminated because of their age.
In California, the Fair Employment and Housing Act (FEHA) is the main legislation safeguarding employees from age discrimination. FEHA makes it unlawful for employers to discriminate against any employee or job applicant based on their age, provided the person is 40 or older.
This ban on age discrimination covers every area of employment, such as recruitment, termination, career progression, job duties, training opportunities, salary, and all other conditions of employment. Furthermore, employers are forbidden from taking retaliatory action against anyone who lodges a complaint about age discrimination, gives testimony, or gets involved in any investigation, proceeding, or legal action under FEHA.
FEHA is applicable to employers who have a minimum of five employees. It also provides safeguards for both current employees and those seeking employment.
Under FEHA, remedies for age discrimination can include job placement, getting your job back, moving up in the company, compensation for lost wages (past and future), payment for emotional suffering, extra damages for particularly bad conduct, and coverage of legal fees and costs.
Ways Our Attorneys Specializing in Age Discrimination Can Assist You
Our skilled and knowledgeable legal team is dedicated to safeguarding your rights and pursuing the justice you're entitled to. We will:
- Assess your case comprehensively, at no cost to you
- Create a customized action plan that fits your unique situation
- Assist you at every stage of the legal journey and represent you in all legal matters.
- Strive for complete and equitable compensation for any damages you've incurred, such as lost income, benefits, mental anguish, and additional damages for severe misconduct
- Manage all interactions and discussions with your employer or their legal representatives
- Pursue your case in court if an equitable agreement isn't achievable
Our Proficiency
At Employment Attorneys Sacramento, our lawyers possess a deep knowledge of both state and federal laws concerning age discrimination. Leveraging our extensive experience in employment law, we are adept at championing our clients' best interests. We have a track record of achieving positive outcomes for many employees, through both settlements and court decisions.
Typical Legal Solutions in Age Discrimination Cases
When a plaintiff prevails in an age discrimination lawsuit in Los Angeles, the court may award various forms of compensation to address the harm caused. Here are some common legal remedies:
- Back Pay: This covers the salary, benefits, and other forms of payment you would have received from the moment of the discriminatory action until the resolution of the case.
- Front Pay: When getting your job back isn't feasible or appropriate, you might receive front pay to compensate for future earnings you'll miss out on. This is typically calculated from the time of the court's decision until you're expected to secure a similar job.
- Reinstatement: If you were unjustly dismissed, you could be entitled to get your previous position back.
- Expenses Paid: These are costs you've had to cover because of the discrimination, like expenses for job hunting or healthcare.
- Compensation for Emotional Distress: This is payment for the psychological pain and suffering you've endured due to the discrimination.
- Punitive Damages: These are given in situations where the employer's behavior was especially bad or intentional, serving to penalize the employer and discourage such actions in the future. In California, there's no limit on punitive damages in employment discrimination cases.
- Payment of Attorney's Fees and Court Costs: If your case is successful, the court might mandate the defendant to cover your legal and court expenses.
- Mandatory Training and Policy Updates: The court can order the employer to implement training programs against discrimination or to revise company policies to avoid future discrimination.
It's crucial to understand that the specific compensation will vary based on the details of each case, including the seriousness of the discrimination, how the employer acted, and the extent of harm experienced by the plaintiff. So, while these are frequently seen remedies, the precise outcome can differ. Employment Attorneys Sacramento can explain the possible forms of compensation you might receive, considering the details and context of your case. Get in touch with Employment Attorneys Sacramento for a discussion about your case with a lawyer who specializes in age discrimination.
Get in Touch With Us Now
If you suspect you've been discriminated against because of your age, please contact us without delay. We provide an initial consultation at no cost, allowing us to review your situation and suggest the most appropriate course of action.
At Employment Attorneys Sacramento, we uphold your right to be evaluated based on your skills and qualifications, not on your age.
Age discrimination occurs when an employer treats you differently or takes negative employment-related actions against you because of your age. Besides the existing federal law, nearly every state has its own laws to protect workers from age discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that safeguards job applicants and employees who are 40 years of age or older from being discriminated against in any area of employment.
The ADEA Does Not Cover:
- Companies that employ fewer than 20 people
- Those who work independently
- Individuals holding elected positions
- Members of the armed forces
The ADEA is Applicable to:
- Businesses with a workforce of 20 or more
- Agencies that help people find jobs
- The United States government
- Government bodies at the state and local levels (although the available legal remedies may be restricted)
- Worker organizations that have at least 25 individuals as members
The ADEA prohibits employers from making decisions about hiring, firing, or any other employment conditions based on an individual's age. Additionally, the ADEA makes it illegal for employers to create a hostile work environment by harassing employees due to their age. Age Discrimination is deemed to have taken place if, for instance, an employer consistently makes harsh and insulting remarks about an employee's age in an attempt to force them to resign.
California's Fair Employment and Housing Act (FEHA) mirrors the federal Age Discrimination in Employment Act of 1967 in providing similar safeguards, but it offers enhanced protection to employees. Under FEHA, companies with as few as 5 employees are subject to these rules, in contrast to the ADEA, which applies only to those with 20 or more employees.
Although a lawyer specializing in age discrimination can assist you in demonstrating your allegations, you can take proactive measures to strengthen your position. Among these measures are:
- Keep a detailed written log of any events, remarks, or behaviors from your supervisor that seem to indicate discrimination based on age.
- Seek legal advice immediately if you're facing dismissal or other negative actions at work, as there's a limited timeframe within which you can seek legal remedy.
- Compile all records related to your job performance and personnel file. It's common for employers to justify demotions or terminations by citing poor conduct or performance.
- Save and print any electronic communications, such as emails, that might point to age-related bias, and document the ages of colleagues who were retained during layoffs.
$51,000,000: After dedicating 17 years to Lockheed Martin, an employee was let go at 66 years old without any explanation. He observed that older workers consistently received less favorable performance evaluations compared to their younger colleagues. The jury, after the trial, granted the employee a compensation exceeding $51,000,000. See Braden v. Lockheed Martin.
$26,000,000: A 66-year-old individual experienced age-based discrimination and bullying from his managers at Staples. His supervisors, for instance, plotted to dismiss older employees who earned more, and he was frequently mocked by colleagues who called him names like "old goat" and "old coot." He was pressured to quit but didn't, and was eventually terminated for allegedly stealing a bell pepper valued at 68 cents, which was merely a false reason masking age discrimination. The jury awarded the plaintiff a sum of $26,000,000. See Nickel v. Staples Contract and Commercial Inc., et al.
$12,000,000: The national eatery chain Texas Roadhouse faced legal action for engaging in age discrimination across its locations. The EEOC's lawsuit alleged that the restaurant chain systematically refused to offer customer-facing roles—like waiters, hosts, busboys, and bartenders—to candidates over the age of 40. The initial trial resulted in a hung jury, but before a new trial could begin, a settlement of $12,000,000 was agreed upon as part of a consent decree. See EEOC v. Texas Roadhouse Inc.
$6,200,000: In a workforce reduction, a company terminated 8 out of 56 employees in a specific department. It was noted that although only 17 of the 56 employees were 55 or older, all 8 who were laid off were in that age group. Furthermore, the average age of those who kept their jobs was 45, while the average age of those terminated was 62. The jury recognized the plaintiffs' situation and awarded the affected individuals over $6,200,000 in compensation. See Marcus v. PQ Corp.
$4,500,000: An individual was terminated from a hospital after almost four decades of service. Following a medical leave for breast cancer treatment, the employee transitioned to part-time work. Despite his doctors' assurances of a full recovery by year's end, his superiors insisted on his retirement, citing the need for a full-time employee. Upon his complete recovery, he discovered that a much younger person had taken his place. The jury awarded the plaintiff more than $4,500,000.
$3,000,000: 3M, renowned for its Post-It-Notes, was the subject of an age discrimination lawsuit due to specific internal practices. The company laid off numerous older, higher-earning employees as part of a strategy to cultivate "30-year-olds with management potential" and to reduce expenses. There was a deliberate effort to provide training to younger workers while excluding older ones. Internal communications revealed a corporate preference for younger employees over more experienced ones. A memo, for example, mentioned that Jim McNerney, the CEO at the time, was keen on "engaging young people in leadership development." The lawsuit ended in a $3,000,000 settlement, which was distributed among the 290 members of the class action. See EEOC v. 3M Co.
$130,000: A GE subsidiary was found to have given a 61-year-old employee unfairly low performance evaluations because of his age, despite his successful track record. Additionally, it was claimed that the company overlooked the employee for a promotion, opting instead for a younger, less experienced candidate for a role with better pay prospects. The employee faced unwarranted scrutiny, received negative evaluations, and was denied advancement opportunities due to his age and in retaliation for his complaints about discrimination. A settlement later awarded him $130,000. See EEOC v. MRA System Inc.
Cases of Age Discrimination can be complex, as they seldom involve clear-cut evidence that unequivocally demonstrates the discrimination. Having legal counsel is crucial to effectively maneuver through the complexities of age discrimination laws. Demonstrating age discrimination is challenging since employers rarely admit that their actions are influenced by an employee's age. Consequently, the evidence required to prevail in an Age Discrimination lawsuit is typically indirect. Nevertheless, employees can take several proactive measures to support their attorney in establishing that they have experienced age-based discrimination.
- At Employment Attorneys Sacramento, we address a wide range of inquiries about age discrimination. We're sharing answers to some commonly asked questions from workers dealing with age discrimination, along with some advice.