It is illegal to discriminate against an employee based on their age. In California, when an employee attains the age of 40, they become part of what is called a “protected class” and as such enjoy particular rights. If you believe you were terminated, denied certain benefits or treated differently solely because of your age, you have the legal right to pursue a legal cause of action. Fernandez & Lauby has been protecting plaintiff’s rights since 1989. To schedule your free consultation, contact us at 888-959-8508.
What is Age Discrimination?
Age discrimination is any conduct that is designed to limit an employee’s opportunities for success based solely on their age. Age discrimination is illegal under California’s Fair Employment and Housing Act. Federal laws also prohibit age-based discriminatory conduct. Age discrimination conduct may vary considerably based on the employer, employee and place of business. It is illegal to:
- Base hiring decisions on age
- Base promotions on age
- Not promote or advance due to age
- Terminate the employee because of their age
- Refuse increases in pay because of age
- Deny benefits because of age
- Other - ask your attorney
Age Discrimination and the Department of Fair Employment and Housing:
Age discrimination cases are vigorously enforced in California by the appropriate state agencies:
- The Department of Fair Employment and Housing (DFEH) is responsible for prosecuting age discrimination cases.
- The Fair Employment and Housing Commission (FEHC) is responsible for ruling on age discrimination cases.
Cases may be litigated in an administrative hearing or in court. Compensation may include:
- Back pay
- Reinstatement of prior position
- Advancement and promotions that would have occurred if not for the discriminatory conduct.
- Monetary damages up to $150,000 for emotional distress - administrative hearing
- Monetary damages in court proceedings have no ceiling
- Punitive damages may be recoverable in especially egregious circumstances
- Other damages may apply - ask your attorney
Contact a Riverside-San Bernardino Age Discrimination Attorney for a Complimentary Case Review:
Fernandez & Lauby, LLP, is a highly experienced and results-oriented plaintiff’s rights employment law firm. They provide personalized attention and believe that the responsible parties must be held accountable for their harmful conduct. Fernandez & Lauby offers a complimentary consultation to discuss your case and review your options. There are no upfront fees for cases that are accepted on a contingency basis; legal fees and costs are deducted when upon settlement, court award, judgment or alternative dispute resolution. To schedule your free appointment, call Fernandez & Lauby, LLP, at 888-959-8508.