40 and over
If you are aged 40 or over, you are protected against age discrimination in the California Fair Employment and Housing Act. You cannot be excluded, expelled or restricted because of your age.
The law protects individuals over the age of 40 and prohibits discrimination and generalizations about their health, work habits, productivity, and job performance.
Let us count the ways
Age discrimination can take on many forms. It is not only that you can be laid off or fired because of your age.
You can also be demoted, not be promoted, forced to transfer, denied medical leave, and denied equal pay. You can be forced to take a mandatory retirement or be laid off because the employer is letting the ‘highest paid employees’ go.
The employer may recruit applicants for new jobs only 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.
All of this is discriminatory.
What can I do to sue my employer for age discrimination in California?
First, you have to file a complaint with ‘California Department of Fair Employment and Housing’ or ‘The Equal Employment Opportunity Commission.’
There is a process to follow and we will be glad to guide you through it. These institutions want the parties to settle the dispute through mediation, but if it cannot be done, a lawsuit can be filed against the employer.
The age discrimination complaint will be served upon the employer or anyone else named in your lawsuit. The defendants will have time to respond with a formal answer and the case will proceed through the litigation process. A settlement is also an option and can be negotiated at any time between the employer and employee.
We have experienced attorneys that know discriminatory laws. Let us help you find a solution.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.