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IF YOU ARE OVER 40, YOUR AGE IS PROTECTED

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California Age Discrimination Law and Workplace Rights

One of the vital protections in California age discrimination law, the California Fair Employment and Housing Act, prohibits an LA employer (or other California employer) from discriminating against any employee in the workplace because that employee is over forty (40) years old. Because there is rarely “smoking gun” evidence of age discrimination, circumstantial evidence will usually suffice in a Los Angeles or California court of law if presented by a knowledgeable age discrimination attorney. An inference of discrimination is usually raised by showing that the employee:

  • Belongs to a protected class
  • Was subjected to an adverse workplace action i.e., termination, demotion or suspension
  • Similarly situated California workplace employees outside the protected class were treated differently and more favorably

In addition to raising an inference of personal discrimination in the manner set forth above, with the help of an age discrimination lawyer an employee may do so via statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by the decision maker, is often the most persuasive when it comes to California age discrimination law. However, in larger workplace settings, it may be possible to use statistical analysis to demonstrate that the employer systematically discriminates against older workers in hiring, promotions and terminations. Such evidence within the context of California age discrimination law would raise an inference that the personal action taken against a particular employee of that age was also infected by ageist animus or prejudice. Comparative evidence also raises an inference of age discrimination by showing that different workplace rules and standards were applied for persons of different ages.

Because cases of age discrimination law in California often turn on specific facts, and there is usually a 1-year time limit for filing a charge with the DFEH that is a prerequisite to filing a lawsuit, it is important to consult with an age discrimination attorney as soon as possible after a potential age discrimination action has been taken within the workplace. The California age discrimination lawyers at Feldman Browne Olivares take on workplace and age discrimination cases regularly.

DISCLAIMER: This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to provide legal advice. By using this website you acknowledge and agree that you have not formed an attorney-client relationship with Feldman Browne Olivares, APC and will not rely on any information contained on this website without personally speaking with one of our attorneys. You further understand and acknowledge that Feldman Browne Olivares, APC strongly encourages anyone who believes they may have a claim to communicate directly with a lawyer, whether from Feldman Browne Olivares, APC or any other firm.