Brentwood Age Discrimination Lawyer

Advocating for Employees in California

Age discrimination is a serious problem in the American workforce. Many employees face discrimination due to their age and are treated unfairly by their employers. If you have been the victim of age discrimination, you may be able to take legal action to hold your employer accountable.

At Kraeber Law Office, we are committed to helping employees who have been treated unfairly by their employers. Age discrimination is illegal, and we can help you seek justice if you have been the victim of this type of mistreatment. Our Brentwood age discrimination attorneys can guide you through the process and help you seek maximum compensation for your losses.

Call (925) 319-5791 or contact us online for a consultation with an experienced employment law attorney in Brentwood, CA.

What Is Age Discrimination?

Age discrimination occurs when an employee is treated unfavorably in the workplace due to their age. This can happen at any stage of employment, from the initial application to the termination of the employee. Age discrimination is prohibited under both federal and California law, and employees who are victims of this type of discrimination may have grounds for legal action against their employers.

Age Discrimination in Hiring

Age discrimination in the hiring process can occur in a number of ways. For example, an employer may refuse to hire an employee because they are “overqualified.” Alternatively, an employer may simply decide not to hire an employee because they are “too old.”

Employers may also use certain hiring practices that have a disparate impact on older employees. For example, if an employer only posts job openings on social media, it may effectively exclude older employees who are not as likely to use these platforms.

Age Discrimination in the Workplace

Age discrimination can also occur after an employee has been hired. For example, an employer may decide to pass over an older employee for a promotion in favor of a younger employee. Alternatively, an employer may decide to terminate an older employee and replace them with a younger employee.

Employers may also use certain workplace policies that have a disparate impact on older employees. For example, if an employer implements a mandatory retirement policy, it may effectively terminate all of its older employees.

Age discrimination can also take the form of a hostile work environment, where an employee is subjected to a pattern of derogatory comments or actions based on their age. A hostile work environment can make it difficult for an employee to perform their job and can lead to significant emotional and psychological trauma.

Age Discrimination – What Is the Law?

Age discrimination is prohibited under both federal and California law. The Equal Employment Opportunity Commission (EEOC) is the federal agency that is responsible for enforcing federal laws that prohibit employment discrimination, including age discrimination.

The Department of Fair Employment and Housing (DFEH) is the California state agency that is responsible for enforcing California laws that prohibit employment discrimination, including age discrimination.

Under federal law, age discrimination is prohibited under the Age Discrimination in Employment Act (ADEA). The ADEA applies to employees who are at least 40 years of age and applies to employers who have at least 20 employees.

Under California law, age discrimination is prohibited under the Fair Employment and Housing Act (FEHA). The FEHA applies to employees of all ages and applies to employers who have at least 5 employees.

If you are an employee who is at least 40 years of age and your employer has at least 20 employees, you may be able to bring a claim under the ADEA. If you are an employee of any age and your employer has at least 5 employees, you may be able to bring a claim under the FEHA.

It is important to note that the ADEA and the FEHA apply to all aspects of employment, including hiring, firing, pay, promotions, job assignments, layoffs, training, fringe benefits, and any other term or condition of employment.

How to Prove Age Discrimination at Work

To successfully prove age discrimination in the workplace, you will need to demonstrate the following:

• You are at least 40 years of age
• You were subjected to an adverse employment action (e.g. not hired, fired, passed over for a promotion)
• You were qualified for the job or the promotion
• You were replaced by a younger employee or you were treated less favorably than a younger employee

You will also need to demonstrate that age was the motivating factor behind the adverse employment action. This means that your employer would not have taken the action if it were not for your age.

You do not need to prove that age was the sole motivating factor behind the adverse employment action. It is enough to show that age was a motivating factor, even if there were other factors that also contributed to the employer’s decision.

You may be required to file a complaint with the EEOC or the DFEH before you can take legal action against your employer. An attorney at Kraeber Law Office can help you navigate this process and ensure that you meet all necessary deadlines.

Call Now For a Consultation: (925) 319-5791

If you suspect that you have been the victim of age discrimination, it is important to consult with an experienced age discrimination lawyer as soon as possible. An attorney can help you determine whether you have a valid claim and can help you gather the necessary evidence to support your case.

An attorney can also help you file the appropriate paperwork and can help you meet all necessary deadlines. An attorney can also represent you in any hearings or proceedings and can help you negotiate a fair settlement with your employer.

At Kraeber Law Office, we are committed to helping employees who have been the victim of age discrimination. We can help you navigate the legal system and can help you seek maximum compensation for your losses.

Call (925) 319-5791 or contact us online to schedule a consultation with our Brentwood age discrimination lawyers.