For all of the wonderful benefits of living and working in Southern California, it is simply a fact that it is often a place where youth is worshipped and the wisdom of age is rarely respected. In many cases, employers discriminate against workers 40 and over for any number of reasons, from a desire of having younger workers be the face of the company to fears about health and related costs. Age discrimination against workers 40 and over is against the law under both California and federal law, and if you have been fired, demoted, or passed over for work due to your age, you may be able to bring a successful age discrimination against the employer. At the Law Offices of Brian I. Vogel in Pasadena, we represent workers and applicants who have been discriminated against on the basis of age, and use every legal resource in our power to win the justice our clients deserve, including money damages and injunctive relief.
Common Forms of Age Discrimination On the Job
Both the Age in Discrimination Employment Act (ADEA) and California's Fair Employment and Housing Act (FEHA) protect workers who are 40 and above from discrimination on the basis of age. Common examples of discrimination on the basis of age include:
- Refusing to hire an applicant because of age
- Terminating an employee due to age
- Demoting an employee due to age
- Advertising a position with age restrictions
- Enacting and enforcing company policies that have a discriminatory effect (e.g. refusing to hire applicants with 15+ years of experience)
- Compensating a person less based on their being of an advanced age
- Disallowing applicants from participating in benefits (401k, health benefits, etc.) due to age
Obviously, not every adverse employment decision a person 40 or over experiences on the job is due to their age, but when age is a significant factor (as opposed to legit reasons such as work performance) in such an action, you should consider taking action via an age discrimination claim.
Proving an Age Discrimination Case
Many employees – who may or may not be aware of their obligations under California and federal law – will attempt to cover up their illegal age discrimination by offering a false, pretext reason for the adverse action, such as citing budget concerns or your work performance. But when age is the actual reason, you may be successful in your employment action.
When you work with the employment law legal team at The Law Offices of Brian I. Vogel, we will rely on our many years of experience in successfully pursuing employment discrimination cases to fully assess your situation, take steps to investigate whether illegal discrimination occurred, compile evidence in your favor, and pursue all available legal remedies on your behalf.
These remedies can include winning money damages as well as restoring you to previous position or role. Contact us today to determine what options are available to you.
Contact a Pasadena Workplace Discrimination Attorney Today
The Law Offices of Brian I. Vogel represents California workers in helping them win justice and financial recovery through employment discrimination, wrongful termination, and other labor law matters. With three decades of experience in bringing hundreds of actions on behalf of California workers, Brian Vogel has the skills, tenacity, and deep knowledge of California and federal employment law to fight for justice on your behalf. Contact him today to schedule a consultation regarding your potential age discrimination claim.