How Long Does It Take to Resolve Age Discrimination Lawsuit?

age discrimination claim





Age discrimination is one of the many common forms of workplace bias that occur in Los Angeles and in California. Basically, it involves employees or applicants who are 40 years or older being subjected to discriminatory or harassing actions on account of their age. Examples of such include the following:

  • Failure of an employer to hire an older applicant because the former wants to hire a younger-looking one instead.
  • An employer providing a negative performance evaluation to an older employee because of the latter’s perceived lack of flexibility in handling projects.
  • An employer decides to terminate an older employee in order for the former to invest on younger talent, who are generally paid less.
  • An older, more experienced employee is denied a promotion because of age, with the employer picking a young but less experienced applicant for the job opening instead.
  • Older employees were subjected to layoffs in a certain company, yet it retained the younger ones who don’t have enough job experience to begin with.
  • An employee is constantly ridiculed in the workplace through age-related insults or remarks.

Like any other forms of workplace bias, employment discrimination on account of one’s age is prohibited under federal and California law. In the United States, the Age Discrimination in Employment Act (ADEA) is the prevailing law that makes age discrimination illegal in every aspect of employment, from the hiring process, promotions, layoffs, compensation, training, benefits, job assignments, to termination. The Act, which covers employers with 20 or more employees, does not only prohibit employers from treating workers 40 years or older differently and favoring those who are under 40. Employers who favor a 40-year-old applicant over a 60-year-old employee in a promotion already violate the ADEA.

Apart from the ADEA, the state’s Fair Employment and Housing Act (FEHA) likewise protects older employees from discriminatory or harassing actions. The difference, however, is that the state law covers employers with 5 or more employees.

Meanwhile, if you are an employee and you believe you have been subjected to discrimination or harassment in the workplace because of your age, then it is a great idea to pursue a Los Angeles age discrimination lawsuit against your employer. But first, it is important that you are aware of the process that entails your case. You need to be aware of how long the process is when it comes to filing your age discrimination claim in Los Angeles; indeed, it is often complicated and rather lengthy.

The rationale behind filing your claim is to prove that your employer’s actions towards you are considered age discrimination, which is illegal under the prevailing laws, and that you are entitled to recover damages, from lost back pay and front pay, liquidated damages, and emotional distress. In order for you to achieve that outcome for your claim, it is always imperative that you consult and later on hire the services of a topnotch California attorney for age discrimination claims. That way, you will learn the potential steps you and your claim may need to go through before you can be awarded compensation from your inconsiderate employer.

Indeed, having someone who is knowledgeable in the field of employment discrimination is crucial in helping you win your case. However, that would depend on the following stages of the process that your lawsuit would have to go through:

  • 1. Filing an administrative charge with either the EEOC or the DFEH. Before you could ever file an age discrimination lawsuit in California, you need to first file a charge with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These two agencies enforce the anti-discrimination laws that prohibit workplace bias on account of age, and these two agencies will conduct a thorough investigation of your claim. After which, the agency will give you a notice that allows you to file a private lawsuit against your employer.
  • 2. Filing a lawsuit. Upon the receipt of the notice, you can now start filing your lawsuit in court. At this point, you must have obtained the services of an age discrimination lawyer in Los Angeles to help you build a strong case against your employer. Your lawsuit should entail every bit of detail with regards your ordeal in the workplace, as well as the damages you are seeking from your employer. Also, at this point, both sides would interview witnesses, obtain documents, and gather pieces of evidence in preparation for the trial.
  • 3. Out-of-court negotiations. Before the trial phase itself, you and the other party are given the chance to settle your case. In this part of the process, you, with the assistance of your chosen legal counsel, will negotiate a settlement agreement with the other party. There is no more need of a trial if both parties agree to the settlement terms; otherwise, a trial is inevitable.
  • 4. Trial phase. In this stage of the process, all of the gathered pieces of evidence in the second step are presented here. It is imperative that your employment lawyer help you out in this whole process, which includes you testifying under oath.

Employment discrimination lawsuits are truly complex to deal with. This is why it is highly important for you to speak with a reputable Los Angeles lawyer for age discrimination cases. He or she will help you make an informed decision on which course of legal action to take, whether to undergo settlement negotiations or take the risk of an unpredictable trial.

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