Age discrimination is when a person is prejudiced against or uses stereotypes based upon another person’s age.
This form of discrimination typically occurs within the workplace and the victims tend to be people who are over the age of 40.
Age discrimination frequently affects employment decisions, as a company may choose not to hire a person, or to fire a person solely upon his/her age.
If you have been a victim of age discrimination in the workplace contact the employment rights attorneys at the Joseph Farzam Law Group.
Steps To Proving your Age Discrimination Case in California
There are several ways in which an employment rights attorney is able to prove an age discrimination case in a court of law.
There are several steps that can determine the viability of an age discrimination cause of action.
Is the employer covered by the ADEA?
The 1967 Age Discrimination and Employment Act of 1967 covers employers who have at least 20 employees.
What was the age of the victim at the time of discrimination?
Under the ADEA a victim of age discrimination must be over the age of 40.
What was the length of time between the discriminatory act and filing the claim?
Employees must file a claim within 180 days of the discriminatory act or from the time he or she became aware of the acts of discrimination.
What are the basic elements of an age discrimination cause of action?
There are four basic elements that must be proven:
- Plaintiff is over the age of 40 at the time of the discriminatory act;
- Plaintiff was an employee at the time of the incident;
- Plaintiff was subject to a discriminatory act; and
- The act was different in scope in comparison to other employees.
What are the specific acts of discrimination which are subject to the ADEA?
Acts can including discrimination in hiring practices, firing practices, promotion, layoff compensation, failure to provide benefits, failure to properly train, and assignment of job functions based on discrimination.
What forms of compensation are available?
Settlements involving age discrimination causes of action may include:
- Back pay,
- Future loss of earnings
- Attorney fees
- Pain and suffering caused by the discriminatory act
- Punitive damages where possible
The Age Discrimination in Employment Act of 1967
In 1967, the Age Discrimination and Employment Act (ADEA) was passed in order to protect older workers from workplace discrimination.
The ADEA protects individuals who are over the age of 40 and forbids discrimination based upon a person’s age.
This Act protects both job applicants and employees and forbids discrimination related to aspects of employment including, but not limited to:
- Discriminatory Hiring Practice
- Firing or Wrongful Termination Based on Age
- Inadequate Benefits or Compensation
- Failure to Provide Overtime Wages
- Layoffs and Promotions based on age preference
- Failure to Properly Train
Age-based Harassment and Bullying
Acts of aggression against older workers are of increasing concern.
Specific acts of bullying and harassment at work can include being followed, constant unwarranted retaliatory acts by the employer, being forced to work longer hours than other employees, and being excluded or socially isolated by the employer because of age.
Duty of Employers
Age discrimination should never be tolerated and it should also never go unreported.
If a person has been subjected to discrimination due to his/her age in the workplace, the person should consider speaking with an experienced employment law attorney.
By speaking with an employment lawyer a person can discuss their individual situation and be provided with much-needed direction.
Additionally, the person can be assured that his/her discrimination case is taken seriously and that their civil rights remain protected.
Who Does the Law Protect
The ADEA applies to places of business that have at least 20 or more employees for 20 or more calendar weeks in the current or proceeding calendar year.
The ADEA however contains notable exceptions including compulsory retirement of employees over the age of 65 and is entitled to benefits or at least $44,000.
In some circumstances, the ADEA will allow state government mandatory retirement for certain state and local occupations including police officers, firefighters, and other civil service employees.
Los Angeles Age Discrimination Lawyers & Attorneys
The Joseph Farzam Law Firm has helped numerous age discrimination victims throughout Los Angeles and the surrounding areas.
At the Joseph Farzam Law Firm, we understand how violated age discrimination victims feel, which is why we strive to offer all of our clients compassionate, reliable legal counsel and direction.
Our firm has achieved a successful record of obtaining tens of millions of dollars in verdicts and settlements against some of the largest employers in the nation for their discriminatory practices against their workers.
Our track record speaks for itself. Contact our Law Office today to discuss your Los Angeles age discrimination case!