Best Age Discrimination lawyer in California
Have you faced age discrimination at work? The experienced team of age discrimination lawyers at Stalwart Law can help you to win compensation.
Age discrimination can occur when an employer treats an employee or job applicant less favorably because of their age. This could include, for example, a company that refuses to hire job applicants who are over 40, or an employer who lays off older employees while keeping younger ones.
What is the age discrimination law in California?
The principal law governing age discrimination in California is the Fair Employment and Housing Act (FEHA), which is enforced by the Department of Fair Employment and Housing (DFEH).
Under FEHA, it is unlawful for an employer to discriminate against a person who is 40 years old or older in terms of hiring, firing, promotion, wages, job assignments, or any other term or condition of employment. The law also prohibits discriminatory employment practices based on the perception that someone is over 40 or associates with someone over 40.
This law applies to employers with 5 or more employees. It covers all workers, including job applicants, part-time and full-time employees, unpaid interns, and independent contractors.
In addition, FEHA prohibits harassment of an employee because of his or her age. Harassment can include, for example, offensive remarks about a person’s age. It becomes unlawful when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as the victim being fired or demoted.
Lastly, FEHA protects employees from retaliation if they report age discrimination, file a complaint, testify, or participate in any way in an investigation, proceeding, or litigation under the Act.
How to file a claim for age discrimination in the workplace in California
If you believe you have been a victim of age discrimination in the workplace in California, you can take the following steps towards making a claim:
Document the Discrimination: Record any instances of age discrimination, including times, dates, places, people involved, and what was said or done. This evidence will be crucial to support your claim.
Consult with an Attorney: An experienced age discrimination lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the process.
File a Complaint with the Department of Fair Employment and Housing (DFEH): Before you can file a lawsuit in court, you generally need to file a complaint with the DFEH, which is responsible for enforcing California’s laws against workplace age discrimination. You can file a complaint online through the DFEH’s website. When filing a complaint, you should provide as much detail as possible about the discriminatory practices you have experienced. The employment legal team at Stalwart Law can help you with this process.
After receiving your complaint, the DFEH will conduct an investigation. It may interview witnesses, review documents, and engage in other fact-finding activities.
If the DFEH finds evidence of discrimination, it can file a lawsuit against your employer on your behalf. If it decides not to file a lawsuit, it will issue you a right-to-sue notice, which allows you to file a lawsuit on your own.
How to prove age discrimination in the workplace in California
Proving age discrimination can be challenging, but there are certain steps and strategies that can be used. The experienced team of age discrimination lawyers at Stalwart Law can help you to create a compelling case against your employer.
If you have any direct statements from your employer or supervisor that suggest that your age was a factor in their decision-making process, this could be a strong evidence of age discrimination. For example, if your boss said something like, “We need younger people in this position,” that could potentially serve as evidence of age discrimination.
Evidence of age discrimination is often circumstantial. For instance, if you are over 40, you were doing your job well, but were replaced by a significantly younger person, and your employer’s explanation doesn’t make sense, this could be indirect evidence of age discrimination. Similarly, if your employer lays off or fires a number of older workers at the same time, this could suggest age discrimination.
If there is a pattern of your employer favoring younger employees, such as consistently promoting younger workers over older ones with similar qualifications, this could also suggest age discrimination.
If your employer gives a reason for its actions that you believe is a cover-up for age discrimination, you can try to prove that the employer’s stated reason is false. For example, if your employer claims it laid you off because of poor performance, but your recent performance evaluations were all positive, this might suggest that the real reason was age discrimination.
It’s also important to remember that the burden of proof falls on the employee to show that age was the primary reason for the discriminatory act. The employer may try to show that there was another, legitimate reason for the action. Proving age discrimination often involves showing that the employer’s stated reason is just an excuse for discrimination.
How we can help
The experienced age discrimination lawyers at Stalwart Law can help you to determine if you have a case against your employer or former employer. If you have a case, we can help you prepare the necessary documents to win the compensation you deserve.
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