California Age Discrimination: Ways to Prove It and Important Steps to Take

 

It is never a good thing to discriminate an employee on account of his or her age. To begin with, it is not allowed under prevailing employment laws such as the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) to deliberately harass and/or subject a senior employee age 40 years or older to any unfavorable employment action. Although it is not an uncommon occurrence for a lot of employers to subject older employees to layoffs or demotions, there have been a lot of instances wherein they become less favored, with younger, less qualified employees landing eloquent jobs or promotions.

Proving age discrimination

• Any of situations stated above may be considered age discrimination, but the burden of proof always rests on the aggrieved senior employee. The task of proving the employer or co-worker’s discriminatory actions can be difficult, which is why it is imperative for him or her to seek the expertise of an expert Los Angeles discriminatory attorney. Meanwhile, here are some instances that can help prove age discrimination in the workplace:
• In most age discrimination and harassment cases, there is always the situation wherein the older employee is subjected to harsh comments or remarks directed toward him or her about his or her age. Those are already direct evidence of age discrimination, and must be noted through writing. The names of those involved, as well as the places, times, and dates of the incidents, should be included.
• It is age discrimination if the older employee is constantly being reprimanded or disciplined for violations that younger employees also commit without receiving any write-ups.
• Leaving behind an older worker in various instances at work, from training, important company events, to even lunch breaks can be used as evidence for one’s age discrimination claim. Also, age discrimination is evident if the bosses suddenly favor younger employees over older ones, especially when it comes to job assignments, office space, and in promotions.

Important steps to take when getting discriminated because of age

• When an older employee gets involved in any of the abovementioned instances by his or her employer or co-worker, then it is best that he or she should act immediately. Before hiring a Los Angeles employment lawyer who specializes in handling discrimination claims, here are some important steps to take right after a certain workplace incident:
• Put into writing the details of every event that is deemed discriminatory. It is important to include when and where they happened, as well as who were involved. Keeping important documents is likewise imperative, especially if they can help shed light to the situations, such as disciplinary write-ups and demotion or termination letters.
• All pieces of evidence must be kept away from the office, and must be instead kept at home. They can be retrieved once the aggrieved employee is ready to file an age discrimination or harassment lawsuit against his or her company.
• Before doing that, though, it is important for him or her to first report the incident by writing a formal complaint with the human resource department or administrative office. It would be right to give them the chance to investigate what happened.
• If nothing happened and the complaint was all for naught, then you must consult with the employment lawyer immediately. It is likewise imperative to file charges against your employer through the Equal Employment Opportunity Commission (EEOC) or the Calif. Department of Fair Employment and Housing (DFEH).

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Getting to Know Age Discrimination in the Workplace

 Workplace discrimination in the workplace, especially in Los Angeles and in the whole of California is usually on the basis of one’s race, sex, and disability. But then, not a lot of people are aware that there other instances wherein employers subject their employees and applicants to workplace bias on the basis of their ages. Cases of age discrimination in the workplace may not happen all too often, but such actions related to it are prohibited under the federal and California employment and labor laws.

What is age discrimination?

This form of workplace bias involves an action or conduct in which an employee or applicant becomes less favored in any aspect of employment because of his or her age. An employee or applicant is said to be discriminated against because of age in these following situations: 

• The employer decides not to give an older but qualified candidate a job because of the latter’s age, and not because he or she did not meet the minimum qualifications of the job.
• The supervisor, manager, or any authority in the workplace makes offensive comments towards senior employees frequently, up to the point the work environment becomes hostile. Remarks such as “old man” and “grandma,” as well as uttering biased statements that degrade senior employees, are signs of workplace discrimination.
• A sign of age discrimination is when senior employees are frequently disciplined for doing something that other younger employees do but are able to get away with it.
• An older, more qualified employee was denied a promotion for a vacant job opening in the workplace. Instead, the employer handpicked a younger, inexperience employee to take that job vacancy.
• It is also age discrimination if the employer decides to mass layoff employees, particularly the older ones, in an effort to instill a younger image within the company.

Laws that prohibit age discrimination in Los Angeles, California

Age discrimination in Los Angeles, California is prohibited under some notable federal and state employment and labor laws. One of them is the federal Age Discrimination in Employment Act (ADEA), which prohibits age discrimination against employees who are over 40 years of age in all aspects of employment, from hiring to termination. Also, it is not illegal under ADEA for an employer or any covered entity to favor an older employee over a younger one, even if both of them are 40 years or older. This federal Act is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Another law is the State of California’s Fair Employment and Housing Act (FEHA). This state employment law, like the ADEA, protects workers aged 40 or older from age discrimination. Not only does the FEHA provide employment protections from age-related bias in the workplace, but also from other protective characteristics, to include race, religion, gender, disability, and sexual orientation. The FEHA is enforced by the California Department of Fair Employment and Housing (DFEH).

Exercising your legal rights
If you have been discriminated in the workplace because of age, or was harassed or subjected to retaliation under the same circumstances, then you must know that you are entitled to exercise your legal rights against your erring employer. Pursuing an age discrimination case against your Los Angeles, California employer should be your top priority. In order to do so, however, you must first seek the legal services of topnotch and respected age discrimination lawyers in Los Angeles. That way, you will have an enhanced chance of not only obtaining compensation from the erring party, but also obtain the justice you truly deserve.

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Making a Stand Against Age Discrimination

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People say that wines only get better in time. As wines are aged, their taste and value rises. That could very well be the same for people. However, not everybody sees it that way. Employers somehow think that older workers are slow in adapting to the many changes that the modern times offer. They think that the elders lack the speed and the efficiency that younger employees have. Plus older employees have higher wages, more benefits, and are more likely to miss work because of the many ailments that they might contract along the way.

Because of these things, some employers tend to discriminate against older employees. These acts of age discrimination are punishable by law as stipulated in Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). If you have been a victim of such discrimination, you should immediately report it to the authorities. But how can you report such offenses? Here are some tips.

• Get solid proof. Gather your performance reviews and other records that can prove your performance with your ob. This would help solidify your claim that you are really being discriminated against and that it has something to do with your age.
• Document the acts. Jot down the date, time, as well as other information about the incidences of discrimination were made against you. Determine what kind of discriminative act did your co-employee, supervisor, or company has made against you. This could help bolster your case’s chances of prospering.
• Provide your and the company’s contact info. Also, provide a short description of what happened and how you related are they to age discrimination.
• Report the incident to the Equal Employment Opportunity Commission (EEOC). File the complaint as soon as possible so you won’t have problems with the statues of anti-discrimination laws.
• Wait. The most difficult thing to do, you should wait patiently until your complaint is resolved. You can also follow up on your complaint every now and then. This will keep you updated about what’s going on with your case as it is being processed.

Age discrimination cases, like any case filed in the courts, may take time before it is resolved. That is why your patience will be very critical during these very difficult times. In the end, when you know that you have done everything that you need to stand up against discrimination and fight for your rights, all the pain, hardships and sufferings that you have to endure.

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