Workers dedicate years of service to their employer throughout California, spending many of their best years only to be passed over for a promotion or let go as a money-saving decision. Rather than valuing its older workers, employers who engage in age discrimination callously disregard their years of service. When an older worker is fired, demoted, or laid off unfairly, it can have devastating effects. Losing a paycheck is difficult, but for many older workers their job is how they identify themselves. Consequently, the loss of their identity can be serious and depressing.
Maison Law is committed to fairness in the workplace for all workers, especially those older ones that have shown such dedication. Read on to see how older employees can hold their employers accountable for engaging in age discrimination.
Age Demographics in California Workplaces
According to the Bureau of Labor and Statistics, there were over 86,000 employees aged 40 and older in the California labor force in 2021. This is significant, because California and federal law protects that age group from age discrimination in the workplace. In general, age discriminaton applies at every stage of the employment process. While the vast majority of age discrimination lawsuits occur to workers already employed, it can also apply to job applicants or in how companies are advertising their job openings.
Employers will often cite non-age-related factors for their adverse employment decisions, such as:
- Corporate downsizing or changes
- Reductions in the workforce or payroll
- Being forced to reorganize their employers because of illegal actions
However, you may recognize age discrimination when your employer takes adverse employment action because of your age while similarly situated, but younger, employees were treated differently and more favorably.
California Law and What Age Discrimination Looks Like
Again, the California Fair Employment and Housing Act protects those employees 40 and over from age discrimination in the workplace. Specifically, the law applies to those employers with 20 or more employees, but an important distinction exists. Those employees in “high policymaking” positions, as well as some public employees like police officers, firefighters, and government workers don’t enjoy that protection.
Recognizing age discrimination in the workplace may seem obvious, but sometimes it can be subtle. Still, here are some of the more common forms of age discrimiation employees should watch out for:
- The older worker is replaced by a younger, less qualified worker
- Younger worker receives favorable treatment over the older employee
- The employee is fired because of their age
- Jokes or comments about the employee’s age
- The older employee is demoted or has their pay cut while others do not
- The employer refuses to hire the employee because of their age, despite being qualified
- Retaliation for reporting age discrimination
When an employee suspects they are being discriminated against because of their age, it would behoove them to review their company handbook or talk to the HR department or supervisor. This will open the dialogue, and will put the company on notice of possible discrimination is taking place. If the company chooses to take no action, reach out to our experienced age discrimination lawyers to discuss your potential claim. Our firm can help guide you through a sometimes complex process.
Age Discrimination Lawsuits in California
Throughout our years of practice, Maison Law has developed a proven system for successfully litigating age discrimination claims for our clients. While every lawsuit is a gamble, we will help gather and present evidence, interview witnesses, depose company officials for testimony, and bring your action to trial if necessary. Bringing an age discrimination claim can recover the following damages in California:
- Lost wages (back pay and front pay)
- Emotional distress
- Humiliation/Embarrassment
- Loss of Dignity
- Job Reinstatement
- Punitive Damages, in severe cases
Contact Maison Law to Discuss Your Case
Our team of lawyers at Maison Law have zero tolerance for age discrimination in the workplace. If you believe that you have suffered age discrimination at work, we will explain your legal options and help protect your employee rights under the law. Contact our office today for a free consultation.
