Age Discrimination

Orange County Age Discrimination Lawyer

Your age is not an indication of your ability in the workplace. If you have been laid off from your job or suffered any repercussions because of your age, contact the age discrimination lawyers at Sessions and Kimball.

Age, like race, gender, and disability, is a protected class under state and federal law. California’s Fair Employment and Housing Act (FEHA) makes it illegal to discriminate against or harass an employee age 40 or over because of his or her age. The federal Age Discrimination in Employment Act of 1967 (ADEA) does the same.

Despite hefty penalties, however, age discrimination continues to occur in the workplace. The federal Equal Employment Opportunity Commission (EEOC) received 20,588 charges of age discrimination in FY 2014. Monetary benefits in age discrimination cases through EEOC amounted to $77.7 million, not including benefits obtained through litigation.

What Is Age Discrimination?
State and federal law prohibit employers from discriminating and harassing employees based on age relating to any condition, term, or privilege of employment. This includes hiring, compensation, benefits, promotion, job assignments, training, apprenticeships, firing, and layoffs.

Age discrimination in the workplace can take many forms. Examples include:

  • Hiring younger applicants instead of more qualified, older applicants
  • Pushing for younger job candidates, such as recent college graduates, in job postings and hiring decisions
  • Hiring a younger person to fill a position instead of promoting a qualified, older employee
  • Implementing layoffs that disproportionately affect older employees
  • Making biased comments, such as “old man” or “grandma”
  • Creating a hostile work environment for older employees by assigning them demeaning or undesirable tasks, making jokes about them or derogatory comments about them, or other harassing actions
  • Taking actions designed to encourage older employees to resign

Even if the person taking these actions is your age or older, age discrimination may still exist.

Which Employers are Subject to Age Discrimination Laws?
California’s age discrimination law (FEHA) applies to employers who regularly employ 5 or more people, with an exception to the 5 employee minimum in cases of harassment, as stated by the California Attorney General. All state governmental employers, regardless of size, apprenticeship programs, employment agencies, and labor organizations, are covered under California age discrimination law.

The federal ADEA applies to employers with 20 or more employees, as stated by the EEOC. State and local governments are included in that category. The law also applies to the federal government, labor organizations, and employment agencies.

Legal Help for Victims of Age Discrimination in Orange County
If you are a worker age 40 or over and have been subjected to employment discrimination or harassment, it is important to know that the law gives you protection. At Sessions & Kimball LLP, we exclusively focus on protecting employee rights. Our California age discrimination attorneys are industry leaders and have recovered millions for our clients.

We are regularly recognized as one of the region’s “Best Law Firms” by U.S. News and World Report, and our experienced employment law attorneys have been listed among California Super Lawyers®. Contact us today for a free consultation with an attorney to see what we can do for you.

Sources:
EEOC: Age Discrimination in Employment Act
DFEH: Fair Employment and Housing Act
EEOC: Facts about Age Discrimination

Practice Areas

Discrimination
  • Sexual Harassment
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Wrongful Termination
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  • Broken Promises
  • Layoffs
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  • Forced Resignation
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Leaves /Other
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Over $100 Million Obtained For Our Clients

$3.3 million
Overtime (class action)
$1.5 million
Whistleblower (Govt. claims)
$1.3 million
Discrimination
$865,000
Harassment

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