Irvine Age Discrimination Attorneys
Your Employment Should Not Be Affected By Your Age
California law prohibits discrimination on the basis of age under Government Code §§12940 and 12941. Like the federal Age Discrimination in Employment Act, the FEHA bars discrimination against individuals over the age of 40 under Government Code §12926(b). But the FEHA provides more remedies than federal law does. For example, California law allows recovery for emotional distress and punitive damages, with no statutory limit on damage awards.
It is generally unlawful under the FEHA to do any of the following on the basis of a person's age:
- Refuse to hire or employ the person
- Refuse to select the person for a training program leading to employment
- Bar or discharge the person from employment or from a training program leading to employment
- Discriminate against the person in compensation or in the terms, conditions or privileges of employment
If your employee has discriminated against you because of your age, contact our experienced age discrimination lawyers serving Orange & Los Angeles counties today for a free consultation.
U.S. Age Discrimination Statistics
According to a 2018 survey conducted by AARP:
- Nearly one quarter of workers age 45 and older have been subjected to negative comments about their age from coworkers or supervisors.
- Roughly 3 of 5 older workers have experienced age discrimination in the workplace.
- More than three quarters of older workers see age discrimination as a hurdle for finding a new job.
- More than half of older workers are prematurely pushed out of longtime jobs, with the vast majority (90%) of these workers never earning as much again.
California Age Discrimination Protection
California prohibits the use of salary as a basis for differentiating between employees when terminating employment under Government Code §12941. An employee may succeed on a claim of age discrimination by proving that the employer used salary as a basis for termination and the employer's use of salary adversely affected older employees. While the statute limits itself to addressing salary, other differences between younger and older workers, such as promotions and benefits, may be challenged as age discrimination under the FEHA as well.
Notwithstanding the above, the FEHA does not make it unlawful for employers to promote within the existing staff, hire or promote on the basis of experience and training, rehire on the basis of seniority and prior service, or hire under specified established recruiting programs. You may also refuse to employ a person based on age, when required to do so by other laws (e.g., child labor laws) under Government Code §12940(a)(5).
FEHA also prohibits mandatory retirement ages, even in bona fide private pension or retirement plans. Employees who wish to work beyond any retirement date and express this wish to the employer must be allowed to do so beyond the date provided for in their respective pension or retirement plans under Government Code §12942.
For more information or to secure legal representation, call Aegis Law Firm at (800) 543-4829 for a free consultation with a skilled age discrimination lawyer in Irvine.
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