In California, it is illegal to use age as the sole factor in denying a candidate a job opportunity, it is considered age discrimination to do so. But this is not limited to a simple job application. It occurs in other ways, such as: assigning projects or any special responsibility that involves growth within the company to young employees, totally excluding employees over 40.
If your boss denied you a promotion to prioritize young employees or showed favoritism towards them under certain circumstances, that is considered age discrimination. In addition, it includes the following situations:
- Lay off an employee or transfer them to a position with fewer roles.
- Unfairly penalizing a team member for a situation in which young employees did not suffer the same consequences.
- Verbally harassing an employee because of their age.
- Negatively criticize their performance at work using age as the main reason.
- Being considered incapable of learning new skills and having additional responsibilities.
How do I claim my rights?
If you believe that you were discriminated against on the basis of age, you can file a lawsuit as set out in the California Fair Employment and Housing Act (FEHA). Even the most subtle things can be considered discrimination, for example, layoffs in which only employees over 40 lost their jobs, and none of the young staff were victims.
Before filing your claim, you should go to the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission. Your claim is unlikely to be taken seriously without showing that you exhausted all your options at either of the two agencies mentioned above.
Proving age discrimination is a complex process – any mistake in your claim can jeopardize the bottom line. These are issues that require the advice of an expert in labor laws to avoid obstacles faced by people who file claims on their own without the necessary legal knowledge. Contact our office to leave your claim in the hands of experts. We will make sure you receive the compensation you deserve for lost wages, emotional damages, and other rights.
