Los Angeles Age Discrimination Lawyer

Los Angeles Age Discrimination Attorney

Discrimination in the workplace isn’t only wrong but also illegal. While there are many acts of discrimination that are more easily recognizable, such as those based on race or gender, there are other forms of discrimination that are more difficult to identify, like age discrimination. If you believe you’ve been targeted at work because of your age, an experienced Los Angeles age discrimination lawyer can help.

Employees who are 40 years old or older are protected against discrimination through both state and federal statutes. It’s also unlawful for employers to allow a hostile work environment where employees are subject to actions, jokes, or comments based on their age. Moreover, employers can’t retaliate against an employee for reporting or complaining about such discrimination.

At Shirazi Law Firm, P.C., our practice is dedicated to protecting workers who face unfair treatment because of their age. Our employment law team aggressively advocates for employees throughout Los Angeles, ensuring their rights are protected and their voices are heard. By standing up to discriminatory workplace practices and holding employers accountable, we can help you pursue the justice you’re owed.

Recognizing Age Discrimination in Los Angeles

The California Fair Employment and Housing Act (FEHA) defines discrimination in the workplace, including age. The protections begin as soon as a person reaches their 40th birthday. Once that age is reached, they are protected from:

• Exclusion, expulsion, or restriction from union and labor organization memberships
• Discrimination within apprenticeship and training programs
• Assumptions made about an ability or disability to complete a job

Age Discrimination Laws that Apply in Los Angeles

Workers in Los Angeles are protected by several overlapping age discrimination laws, and each comes with its own specific coverage and set of rules. The two laws that intersect often for workers in LA include:

• California FEHA. This law is enforced by the California Civil Rights Department. FEHA protects employees who are aged 40 and older, and it applies to companies or employers with five or more employees. Harassment rules under FEHA are broader.
• Federal ADEA (Age Discrimination in Employment Act). This law protects employees aged 40 and older, and it applies to employers with 20 or more employees.

Both laws can apply to the same situation, which is important because deadlines, remedies, and damages are different under each. At Shirazi Law Firm, P.C., our experienced age discrimination lawyers are ready to guide employees through the process of pursuing justice in the form of an age discrimination claim.

Direct Age Discrimination in Los Angeles

When age discrimination is direct, it can be very clear to the person being discriminated against. You need to know that you have legal recourse if this happens to you. Some of the most common types of direct age discrimination in the workplace include:

• Age-based comments
• Age-based workplace decisions, like:
  • Demotion or failure to promote qualified individuals
  • Salary reductions
  • Laid off or wrongfully terminated
  • Denied equal pay
  • Forced to quit or transfer

At Shirazi Law Firm, P.C., our team of Los Angeles age discrimination attorneys can evaluate these direct discriminatory practices to figure out if a violation occurred. By engaging us as soon as possible, you can build a stronger foundation for your claim while giving us the time we need to gather evidence.

Indirect Age Discrimination in Los Angeles

Most of the time, age discrimination isn’t obvious. That’s because it’s unlikely that an employer would directly tell you that an action is being taken because of your age. That said, some workplace actions might seem neutral, but they disproportionately affect older employees. This is indirect age discrimination, and it can include:

• Employees who have been with the company longer are being fired: Often, those who have been with the company the longest are paid higher salaries because of the longevity of their employment. When an employer uses higher salaries as the justification for reducing costs, it could target a larger number of older employees.
• Joking or commenting on an employee’s age: While everyone loves a good joke, it must be done in good taste and refrain from being at the expense of others. When people’s characteristics are used as the basis for jokes, they may feel alienated or targeted. Even when someone implies that it is “just a joke,” it does not fix the perception associated with the joke.
• Job performance reviews that have suddenly changed: When an employee consistently receives positive job performance reviews and is suddenly provided with a review that indicates underperformance, there needs to be justification for the change in the review. However, if there is none, it could be a sign that the employer is trying to “force out” the employee by trying to justify their termination on the basis of poor job performance.
• A company promotes a new culture focused on “young” and “hip”: Companies need to recruit young workers to help with the longevity of the company. However, in their pursuit of newer employees, they must not make it biased towards younger workers by not allowing elderly applicants the opportunity for employment. If an employer is specifically recruiting from younger pools of potential applicants, such as college students, they could be denying the opportunity to older applicants.
• Forced retirement: Under FEHA, it is illegal for any retirement plan to include a mandatory retirement age. There are only two exceptions to mandatory retirement. The first are physicians who are over 70 years old or who work for a company that has compulsory retirement. The second are employees who are 65 years of age or older, have served in high policymaking positions for the previous two years, and are entitled to a full annual retirement benefit from the employer.

These circumstances, among others, are indicators that age discrimination may be occurring. Identifying these patterns can help you recognize when it’s time to gather evidence and take action. At Shirazi Law Firm, P.C., our team can uncover these disparate impacts and guide our clients through the process of filing a compelling age discrimination claim.

How to File a Complaint

The first step in any suspected discrimination case is to inform the employer or immediate supervisor. Under the law, there must be an exhaustive attempt to remedy the discrimination. If, however, an employer is informed of what is happening and fails to act on that information or retaliates against an employee who reports the information, then the employer could be held liable.

Evidence like documentation, emails, texts, memos, or witness statements to back up the following should be preserved:

• Admissions or written ageist remarks that indicate bias
• Replacement by a significantly younger worker
• Sudden performance improvement plans after years of strong reviews
• Inconsistent enforcement of workplace rules favoring younger staff
• Layoffs disproportionately affecting older employees
• Exclusion from training or meetings
• Being given responsibilities labeled as succession planning
• Age-coded language like new blood, digital native, or tech savvy

After exhausting your in-house options, consulting with a Los Angeles employment lawyer can help determine the right course of action for your claim. Some situations may benefit from filing a claim in court, while other cases may benefit more from a claim to the California Civil Rights Department. At Shirazi Law Firm, P.C., we can guide you along the most effective course.

Damages Awarded for Age Discrimination

Filing a claim for age discrimination is more than just receiving compensation. It is about holding your employer accountable for creating an inequitable work environment. Part of that process is seeking damages that could include losses from:

• Back pay and wages
• Lack of salary changes from a promotion
• Owed benefits
• Bonuses
• Pain and suffering
• Emotional distress

FAQs About Los Angeles, CA Age Discrimination Laws

Can You Sue for Age Discrimination in California?

Yes, you have the right to file a claim for age discrimination in California. Working with an employment attorney will help you determine if the facts of your case should be litigated in court or if your claim should be filed through the California Civil Rights Department. Either option provides an opportunity to hold your employer accountable.

How Do I Prove Age Discrimination in California?

While an employer will not directly state that your termination, lack of promotion, or change in job performance is due to age, that does not mean it is not. It is important to document any:

• Comments about your age
• Jokes
• Witness statements
• Text messages

This and other evidence can help show a pattern of behavior against your age.

How Difficult Is It to Prove Age Discrimination?

Proving that you were discriminated against because of your age can be complicated and difficult. Often, evidence is neither written nor admitted to. Therefore, it requires documentation or witness statements that can help prove it was due to age. To prove the employer is at fault, there must be a pattern of behavior.

Can I Be Fired for Reporting Age Discrimination?

No, you may not be fired for reporting any type of discrimination in the workplace. If you are terminated or if there is a change in job performance evaluations after reporting any discriminatory acts, you could be the victim of retaliation. You should collect evidence, including documents, written emails, witness statements, etc., and speak with an employment attorney to look for patterns of retaliation.

CASE FOCUS: ML

ML was an excellent and hard-working employee in her 60’s. Towards the end of her employment, management made a series of negative comments relating to her age and disability in an attempt to get her to quit her employment. These comments were of the nature that ML was too old (“can’t teach an old dog new tricks”, “too old to do x”) and that she had too many health issues to be working (“should think about retirement.”)

ML refused to quit. Her employer then fired ML, replacing her with someone in their 20’s—almost 40 years younger. The Company also fired other older employees around the same time. ML suffered severe emotional distress as a result of this discrimination, devastating career loss, and inability to find similar employment.

If you suspect that you have been discriminated against or wrongfully terminated because of a protected category such as age, disability, or medical condition, give us a call at 310-294-8773 for your free intake.

Los Angeles Age Discrimination Attorneys

If you feel you have been targeted by your employer because of your age, you should seek the help of a knowledgeable and expert attorney who will help you navigate employment law to hold your employer responsible for their actions. At the Shirazi Law Firm, P.C., our employment lawyers will review the details of your case. We can help you recover the damages you may be owed by holding your employer accountable for their actions. If you or someone you know has been discriminated against due to their age in Los Angeles or Southern California, please contact us for a free consultation.

Shirazi Law Firm Office

Address: 9454 Wilshire Blvd Penthouse, Beverly Hills, CA 90212

Phone: +1-310-400-5891