San Diego Age Discrimination Lawyer
Discrimination in the workplace takes many forms. Workers may face sexual harassment or discrimination based on their national origin. Older employees may face age discrimination in employment.
If you have experienced employment discrimination based on your age, our San Diego age discrimination attorneys can help.
Ferraro Vega Employment Lawyers in San Diego, CA, fights for the rights of employees to be treated fairly under the law. We file lawsuits asking courts to enforce anti-discrimination laws throughout California.
Call our law firm at (619) 693-7727 to schedule a free consultation with one of our San Diego age discrimination attorneys.
How Our San Diego Employment Law Attorneys Can Help if You’ve Been Discriminated Against At Work
At Ferraro Vega Employment Lawyers, our San Diego employment lawyers work with clients to fight discrimination in the workplace. We work with younger employees and older workers. Our law firm works with members of the LGBTQ community. If you have been the victim of employment discrimination, we want to help.
When you hire our legal team, you can expect us to:
- Provide compassionate and personalized legal services
- Analyze your case and give you an honest assessment
- Perform a thorough investigation into the allegations of employment discrimination
- Identify all causes of action under federal law and state law
- File claims with government agencies and lawsuits through the courts
- Protect against employer retaliation
- Fight to get you the best possible outcome for your employment law case
If an employer used your age as a reason to refuse to hire you or promote you, we want to know. Contact our law firm to schedule a free consultation with an age discrimination attorney in San Diego, California.
Examples of Age Discrimination in the Workplace
Most forms of age discrimination in the workplace are illegal.
Examples of age discrimination in the workplace include, but are not limited to:
- Refusing to hire a person based on the person’s age
- Denying an employee promotion based on age
- Terminating employees based on age
- Receiving poor performance reviews linked to your age
- Making derogatory or offensive remarks about a person’s age that creates a hostile work environment
- Patterns of hiring only younger employees
- Being left out or isolated at work and overlooked for challenging work assignments
- Being forced into accepting an early retirement
- Facing unfair disciplinary actions
- Learning and training opportunities are offered to younger employees instead of older employees
The above list contains just a few ways that employers could discriminate against employees based on age. If you believe you are the victim of age discrimination in the workplace, reach out to us. We are happy to discuss your concerns and advise you about what you should do next to protect your legal rights.
Federal and California Laws Prohibiting Age Discrimination
The Federal Age Discrimination in Employment Act (ADEA) states employers cannot discriminate based on age. The Act protects workers 40 years of age or older from employment discrimination based on their age. However, the law only applies to employers who have at least 20 employees.
On the other hand, California’s Fair Employment and Housing Act (FEHA) covers employers with five or more employees. Therefore, the FEHA can cover more cases of age discrimination than the ADEA.
Under both laws, you need to prove each of the following legal elements:
- The employer is subject to the applicable anti-discrimination law. Some employers may be exempt from the law.
- You were 40 years old or older at the time of the alleged age discrimination.
- The employer’s actions negatively impacted you.
- The employer took the action based on your age.
In most cases, you must be an employee to file an age discrimination lawsuit. However, California laws extend protections to job applicants. It is illegal for an employer to refuse to hire an applicant based on age.
Age discrimination laws do not protect independent contractors. However, they could have a claim under state laws that prohibit age-based harassment.
When is Age Discrimination Illegal?
Age discrimination is prohibited under California law during almost every stage of employment.
Employers are prohibited from treating employees 40 years and older differently based on their age with respect to:
- Work conditions
- Hiring procedures
- Job assignments
- Terms of employment
You are not required to retain an attorney to file a complaint for age discrimination. However, the laws are complex. If you are filing a lawsuit under state law, you must begin by filing a claim with the California Department of Employment and Housing.
The process can be frustrating and grueling. Having a San Diego age discrimination lawyer handle the claim and the lawsuit for you is generally in your best interest. A lawyer understands the law and the necessary steps to maximize your chance of winning your case.
Schedule a Free Consultation With Our San Diego Employment Law Attorneys
Facing discrimination or harassment in the workplace can be stressful. It can impact your overall emotional and mental health. However, you do not have to fight this battle alone.
Contact Ferraro Vega Employment Lawyers to schedule a free consultation with our San Diego age discrimination attorney. Let us help you seek the justice you deserve.