For many workers over age 40, employment discrimination is a fact of life. Unfortunately, proving that an employer’s action was discriminatory can be hard to prove. Early involvement by an experienced employment law attorney can help you determine if you have a case that is worth pursuing.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our attorneys represent employees in all types of employment discrimination cases, including disability discrimination. If you think you may be experiencing age discrimination in the workplace, contact us to discuss your case. In Southern California, we have offices in Sherman Oaks, Orange County, Los Angeles and Oxnard.
Employment discrimination based on age over 40 is illegal under the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act of 1967.
There are many different employer actions that may be considered discriminatory. Some of the most common are replacing an older worker with a younger worker, mandatory retirement or pressuring an older worker to retire. Older workers may also receive false negative performance reviews, which may be used as a pretext to fire them at a future time.
By itself, the fact that an older worker was replaced by the younger worker is usually not enough to prove discrimination. Age discrimination lawsuits are often based on comments made by the person making the decision. For example, if your boss made remarks such as “The company needs new blood” of “Why haven’t you retired already?” you case becomes a lot stronger.
To support your case, the ageist comments should come from the person making the decision. If the comments were made by a co-worker or somebody who wasn’t involved in the decision, the statements may not be relevant to your case.
To schedule a consultation with an Orange County age discrimination attorney, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.