Employees in California have the right to be treated equally in the workplace, regardless of how old they are. But then, there are numerous cases that have been filed by older employees in employment agencies and in the state and federal courts in which they were subjected to discrimination, retaliation, and/or harassment in the workplace, with their old age as basis for carrying out these actions. Indeed, workplace bias on account of one’s age continues to be one of the most common employment issues not just in California employment, but in the whole nation. As a matter of fact, according to the Equal Employment Opportunity Commission (EEOC), nearly 23 percent of age discrimination charges were filed with the agency during the fiscal year 2013. That same year in California, age discrimination charges accounted for 26 percent of all state charges.
Age discrimination occurs when certain employment actions using the one’s age as basis negatively impacts his or her employment. One typical type of age discrimination in the workplace involves the older employee being denied a chance for a promotion even when he or she is highly qualified and experienced. The employer, in this situation, decides to promote or hire someone who is less experienced and less qualified than older employee. Along the way, the older employee may have also suffered harassment, wherein he or she was subjected to age-related vulgar remarks or derogatory comments from his or her co-workers. Other cases of discrimination involve an older employee being terminated from work by his or her employer, which then hired a younger, inexperienced employee to replace him or her.
Such instances are prohibited under two important age discrimination laws; the Age Discrimination in Employment Act (ADEA) and the state Fair Employment and Housing Act (FEHA). Both of these laws may have all its similarities and differences, but they all provide protections for older employees against any kind of unfair workplace treatment. Indeed, these laws entitle these employees to file their own age discrimination claim.
If you are an employee aged 40 years or older and you think you have been treated differently in the workplace because of your age in any aspect of employment, then you must be able to contact a California age discrimination attorney for your initial consultation. When you take advantage of the opportunity to be represented by an age discrimination lawyer, you get to navigate the legal process that is often complicated and too painstakingly tedious for you to go through on your own.
In California, an employee who cries age discrimination in employment may file a complaint with either the EEOC or the state’s Department of Fair Employment and Housing (DFEH). Although it is a standard procedure and that you can do so on your own, it is always in your best interest to consult with the best attorneys for age discrimination case in California. Once your case has been evaluated and you’ve chosen the legal advocate whom you think would further enhance your chances of recovering damages from the employer, you would be well on your way to obtaining the justice that you deserve from the inconsiderate actions of your employer. But then, it is not without a tedious legal process that you would have to go through in order to achieve that result.
In filing an age discrimination case in California, you need to prove that you were indeed discriminated, harassed, or retaliated against in employment on account of your age. Indeed, you need to be assisted by a legal advocate who can help you gather important pieces of evidence to strongly support your claim. Evidence may include statements from witnesses, emails, letters, and other work-related documents. Once you’ve established your claim, it is likely that your employer may settle your case in order to avoid having to undergo court trial. However, your employer may have to negotiate with you and your lawyer the amount of compensation you initially asked for in your lawsuit.
Between you and the employer, you would be taking turns determining how much you are truly entitled to receive in damages, until you both agree to a settlement offer. This settlement offer would cover all of your damages caused by the biased actions against you by your employer on account of your age. Truly, taking advantage of the experience and expertise of your age discrimination lawyer can make a difference.Tweet
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