Age Discrimination Lawyer Los Angeles
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What is Age Discrimination in California?
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The Age Discrimination in Employment Act (“ADEA”) prohibits employers from discriminating based on age. Employees forty (40) years old and older are protected by the ADEA. Employees under the age of forty (40) are not covered.
If you believe you have suffered age discrimination by your employer, we invite you to contact our can attorney to ensure that your rights are protected. Contact our employment age discrimination lawyer for a free consultation and case review.
- Wrongful Termination
- Sexual Harassment
- Wage and Hour
Age Discrimination in Employment and FEHA
In California, the anti-discrimination statute is called the Fair Employment and Housing Act (FEHA). Under this act, employers are prohibited from discriminating based on age, as well as race, color, national origin, ancestry, religion, disability, sex, gender, sexual orientation, gender identity, military and veteran status, etc. The FEHA also only protects employees who are forty (40) years old or older. Although similar, California’s FEHA offers more protection than its federal counterpart, the ADEA.
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to discriminated against an employee, or applicant for employment, because he or she is forty years old or older. The FEHA applies to employers of five or more employees, labor organizations, and employment agencies. There are two types of discrimination cases; disparate treatment and disparate impact.
What is Disparate Impact?
Disparate impact is another type of discrimination. It means that the discrimination was unintentional. This usually means that the discrimination was NOT apparent on its face (i.e. an employment policy which does NOT explicitly discriminate based on age but has an indirect negative effect on older employees).
Establishing disparate impact under the ADEA is more difficult than under the FEHA. To recover under the ADEA, the plaintiff must show by a preponderance of the evidence:
- That the defendant has engaged in a specific employment practice or practices that caused an adverse employment action to employee’s aged forty (40) and older
- The employment practice had a significantly disproportionate adverse impact on employees aged forty (40) and older.
ADEA Age Discrimination in Employment
The ADEA makes it an unlawful employment practice for an employer to discriminate against an employee based on age. The ADEA only applies to employees forty (40) years or older and to employers of twenty (20) or more employees as well as employment agencies and labor organizations. The ADEA also classifies discrimination into two types: disparate treatment and disparate impact.
What is Disparate Treatment?
Disparate treatment is one type of discrimination. It means that the discrimination was intentional. This usually means that the discrimination was apparent on its face (i.e. an employment policy which explicitly discriminates against older employees).
To establish disability treatment, the plaintiff must prove that she or he suffered an adverse employment action, and that her or his age was a determinative factor in the adverse action. This means that the plaintiff must show that if not for her or his age, the adverse action would not have occurred. This is also commonly known as the “but for” test.
Procedures Involved in California Employment Disability Discrimination
There are formal procedures involved with California employment disability discrimination actions that must be exhausted prior to filing lawsuit against an employer. Under the FEHA, an employee generally has one-year from the last incident to file a claim with the DFEH to have the DFEH investigate claims of discrimination or to obtain a right-to-sue letter. If you believe you have been discriminated against due to a disability, you should contact an attorney or file a claim with the DFEH as soon as possible to ensure you do not run out of time
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