A rental agreement between a landlord and a tenant should set out the rules in terms of how water damage to a property should be handled.
In California, federal and state laws prohibit employers and prospective employers from discriminating against workers and job candidates based on age. If you are 40 years old or older, you are protected against age discrimination under the California Fair Employment and Housing Act. You cannot be excluded, expelled, or restricted because of your age. The law specifically prohibits discrimination and generalizations about your health, work habits, productivity, and job performance.
If you are 40 or older, and you believe an employer or prospective employers has discriminated or retaliated against you based on your age, reach out to our team at KJT Law Group. Our Los Angeles age discrimination attorneys are driven by a desire to stand up for ordinary workers and protect their rights against the best interests of businesses, corporations, and other entities. We treat every client as if they are our only client, and we will be there to guide you throughout the entire legal process.
Age discrimination is the practice of treating a worker unfairly based on their age. In California, age discrimination is illegal. Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to discriminate based on age against anyone who is 40 years old or older. Specifically, FEHA defines the protected class as “the chronological age of any individual who has reached his or her 40th birthday.”
Notably, California age discrimination laws do not apply to employers with fewer than five regular employees. Additionally, the federal Age Discrimination in Employment Act (ADEA) prohibits age discrimination against individuals 40 and older but only applies to private employers with at least 20 regular employees, as well as state government agencies. So, if you work for an employer that only has four or fewer employees, you may not be covered by age discrimination laws.
To prove that your employer discriminated against you based on your age, you will need to prove the following:
It can be very difficult to prove that an employer has discriminated against you based on your age. In fact, because instances of age discrimination are often subtle, you may even have trouble telling if your employer has treated you unfairly due to your age.
Employers know that age discrimination is illegal. Because of this, they will rarely—if ever—tell an employee that they are being fired, let go, denied equal pay, or denied a promotion based on their age.
In some cases, to get around age discrimination laws, an employer may claim to be letting the “highest-paid employees” go, thereby pressuring older employees into retirement. An employer may only recruit applicants for new jobs from high schools or universities as a way to avoid considering older workers. The exclusive use of such screening programs can be a way of evading age discrimination laws, but it is still discriminatory.
Some signs that your employer may engage in discriminatory practices against older employees include:
In some cases, discrimination may not be directly related to age, yet it may still qualify as age discrimination. This could be the case if your employer has general policies or practices that disproportionately affect older employees. For example, if your work has a policy against hiring managers with more than 30 years of experience, this may not appear to be discriminatory against older job candidates, but it is highly likely to disparately impact those over a certain age.