Coyle Browne Law

San Diego Age Discrimination Attorney

San Diego Age Discrimination Lawyer

As people age, they may find that it is more difficult to find a job or stay employed in their current position. Employers may try to push older employees out in favor of younger workers who may accept lower salaries or cost less to provide benefits for. Laws protect older workers from discriminatory acts and practices.

If you were discriminated against at work for your age, the knowledgeable San Diego Employment Law attorneys at Browne Employment Lawyers, PLC want to help. Contact us for a confidential consultation.

Age Discrimination Laws

The two primary laws that protect workers in California from age discrimination are the federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA). These laws protect job applicants and employees who are 40 or older from employment discrimination. These laws specifically prevent workers from being discriminated against due to their age, including being:

  • Denied employment
  • Demoted
  • Terminated
  • Harassed
  • Refused a promotion
  • Denied on-the-job training

The federal law applies to employers with 20 or more employees and requires a higher burden of proof than the state law. Under the federal law, the employee must show that the employer made an adverse decision because of the employee’s or applicant’s age (if 40 or older). In contrast, the state law only requires showing that age was a substantial motivating factor in the adverse employment action. Additionally, the law applies to employers with five or more employees.

Before filing a claim based on age discrimination based on federal or state law, employees must generally exhaust their remedies by filing a claim with the applicable governmental agency.

Another law that may be impacted by age is the federal Older Workers Benefit Protection Act. This law gives employees aged 40 or older the right to review any documents that waive their rights for 21 days. They also have seven days to revoke a severance agreement.

Examples of Age Discrimination

Some examples of age discrimination you may encounter in the workplace include:

  • Job advertisements searching for “millennials,” “GenZers,” “digital natives,” or “college students” that show a preference for younger applicants
  • An employer encourages an older worker to retire
  • Other employees make fun of or call names to older workers
  • The workplace has a pattern of hiring or promoting younger applicants or employees over older applicants
  • Older workers are laid off for other reasons to cover up discriminatory terminations

If you believe that you were wrongfully terminated due to your age, the knowledgeable wrongful termination attorneys at Browne Employment Lawyers will help you get the justice you deserve.

Proving Age Discrimination

It can sometimes be difficult to prove age discrimination because employers may not explicitly state that age was a factor or the cause of the adverse employment decision. An experienced lawyer can investigate and gather evidence to help establish grounds for the claim by evaluating information such as:

  • The time period between an age-related comment and the adverse employment decision
  • Previous instances of potential age discrimination
  • Statements by colleagues
  • Job advertisements and marketing materials
  • A pattern of employment practices

Contact an Experienced Discrimination Lawyer

If you were discriminated against at work for your age, there are steps you can take to protect your rights. One of the first ones to take is to reach out to the knowledgeable lawyers at Browne Employment Lawyers for help. We can discuss your legal options during a confidential consultation. Contact us today to learn more.

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