Best Age Discrimination lawyer in California

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Have you faced ageism at work? The experienced team of age discrimination lawyers at Stalwart Law Group can help you recover and win compensation

Age discrimination in the workplace is a violation of both federal and California state law. When employers make decisions in the workplace based on age instead of merit or experience, they negatively impact their employees’ dignity and livelihood. Age discrimination, or “ageism,” can occur at any stage of employment, from hiring and promotions to pay, job assignments, and layoffs.

Are you an employee or job applicant over 40 years old who was treated less favorably because of your age? At Stalwart Law Group, we uphold the rights of workers all across California and fight to hold employers accountable for discrimination and harassment in the workplace. If you have faced discrimination due to your age, our firm can help you understand your legal options and take decisive action to protect your career and financial future.

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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 Civil Rights Department (CRD). Workers all across the USA are also protected at the federal level by the Age Discrimination in Employment Act of 1967 (ADEA).

The FEHA and the ADEA protect workers over the age of 40 from discrimination based on their age. These laws make it illegal for employers to consider an employee or a potential employee’s age when making certain decisions, such as only hiring people below a certain age, or mistreating someone in the workplace because of their old age.

The law applies to hiring, firing, promotion, wages, job assignments, company policy decisions, or any other term or condition of employment. Additionally, the law also prohibits discriminatory employment practices based on the mistaken belief that someone is over 40, as well as actions based on someone’s association with someone who is over 40.

On the federal level, the ADEA only applies to employers with at least 20 employees, but California’s FEHA law applies to every company with at least 5 employees. It covers all workers, including job applicants, part-time and full-time employees, and unpaid interns.

In addition, FEHA prohibits the harassment of an employee because of his or her age. Harassment can include, for example, offensive remarks or jokes 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 because of their age.

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.

Examples of Ageism in the Workplace: What Does Age Discrimination Look Like?

Age discrimination might not always look obvious. While some employers make overt comments or decisions that are blatantly based on age, others engage in more subtle forms of bias that quietly push older employees aside. Recognizing these signs is the first step toward protecting your rights.

Here are some examples of age discrimination and harassment at work:

Refusing to hire older applicants
Targeting older employees for layoffs
Denying promotions or training opportunities to older employees despite their abilities
Making constant age-based comments or jokes
Reducing the job responsibilities of older employees
Pressuring older employees to retire
Consistently choosing younger employees for more desirable assignments

If any of these examples sound familiar, you may be a victim of age discrimination and have grounds to pursue a lawsuit. Even when subtle, these practices can damage a person’s income, livelihood, and career longevity. An employment discrimination lawsuit helps pave the path forward for you to recover your losses and overcome discrimination and mistreatment.

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, California law provides a clear process to help you file a claim. The process involves gathering evidence, following the proper steps with the California Civil Rights Department, and working with an attorney.

Here are the steps you can take towards filing a claim:

1. Document the Discrimination

Start by recording any instances of age discrimination, including times, dates, places, names of people involved, and what was said or done. Save emails, text messages, performance reviews, and other documents, as this evidence will be crucial to support your claim.

2. Consult with an Employment Attorney

After compiling your evidence, it is wise to speak with an experienced age discrimination lawyer. The right attorney will help you understand your rights, evaluate the strength of your case, and determine the best path forward. Our employment discrimination attorneys will guide you through the process and make sure you are on the right track.

3. File a Complaint with the California Civil Rights Department (CRD)

In California, claims for workplace age discrimination must be filed with the Civil Rights Department (formerly known as the Department of Fair Employment and Housing). This step is generally required before you can file a lawsuit in court. You can file a complaint online through the CRD’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 Group can help you with this process.

4. CRD Investigation and Mediation

After receiving your complaint, the CRD may conduct an investigation. It may interview witnesses, review documents, and potentially attempt mediation between you and your employer. This process can help establish the facts, and may lead to a resolution without going to court.

5. Receiving a Right-to-Sue Notice

If the CRD finds evidence of discrimination, it can file a lawsuit against your employer on your behalf. However, if it decides not to pursue the case itself, it will issue you a right-to-sue notice, which allows you to file a lawsuit with your own lawyer. Remember: once you receive this notice, you typically have one year to file your lawsuit in state court before the notice expires.

How Do You Prove Age Discrimination?

Proving age discrimination can be challenging, especially since most employers will not openly admit that age played a role in their decisions. However, with the right legal strategy and supporting evidence, you can build a compelling case that exposes unlawful bias. The experienced team of age discrimination lawyers at Stalwart Law Group can help you identify the signs, gather proof, and take action against your employer.

Direct Evidence of Ageism

If you have any direct statements from your employer or supervisor that suggest your age was a factor in their decision-making process, this can serve as strong evidence for your claim. For example, if your boss said something like, “We need younger people in this position,” or “I think you’re just too old for this role,” those comments could help you prove age discrimination. Emails, text messages, and even meeting notes can all be used to demonstrate instances of age-related bias.

Circumstantial Evidence and Patterns

Evidence of age discrimination is often circumstantial. For instance, if an employee over 40 was performing their job well, but was replaced by a significantly younger person without a valid explanation, this could be indirect evidence of age discrimination. Similarly, if your employer lays off or fires several older workers at the same time, this could suggest a pattern of ageism within the company.

Unequal Treatment and Promotion Practices

If your employer appears to favor younger employees, such as by consistently promoting them over older ones with similar qualifications, this may qualify as age discrimination. Keeping records of promotions, performance evaluations, and internal communications can help you prove these discriminatory practices.

Pretext and False Explanations

If your supervisor gives a reason for their actions that you believe is a cover-up for age discrimination, you can try to prove that the employer’s stated reason is false. (It’s common for employers to claim their actions were based on “performance” or “restructuring,” whether they have been accused of age discrimination yet or not.) For example, if your employer terminates you because of poor performance, but your recent performance evaluations were all positive, this might suggest that the real reason was your age.

Understanding the Burden of Proof

It’s important to remember that under California and federal law, the burden of proof falls on the employee to show that age was the primary reason for the discriminatory act. Once you establish this, the employer must offer a non-discriminatory reason for their decision, and will try to show that there was another, legitimate reason for the action. Your attorney can then challenge their response by showing that their reason is just an excuse for discrimination and a cover-up for their age bias.

How We Can Help: Building a Strong Age Discrimination Case with Stalwart

At Stalwart, we understand how difficult it is to experience workplace discrimination, let alone confront a supervisor about the problem. The experienced age discrimination lawyers at Stalwart Law Group can help you determine if you have a case against your boss or former employer, and take action towards justice and recovery. If you do have a case, we know what evidence matters the most and how to present it effectively in negotiations with employers and in court.

If you are over the age of 40 and believe your age played a role in being fired, demoted, or denied opportunities at work, contact us today for a free consultation. We can help you prepare the necessary evidence, uncover the truth, and win the compensation you deserve.