Age Discrimination Attorneys in Santa Clara – Representing Executives and Employees Only
The federal law that protects Santa Clara employees in the workplace is the Age Discrimination in Employment Act (“ADEA”). The ADEA prohibits employers from discriminating against employees who are 40 years of age or older. Although there are some permitted ways that employers may designate certain employees for certain duties, in general, employers may not make decisions such as hiring, firing, promotions, demotions, compensation, benefits, training, or related based primarily on the applicant or employee’s age if he or she is 40 or older. In addition, Santa Clara employees are also protected by California’s Fair Employment and Housing Act (“FEHA”). FEHA ensures that the age is not taken into consideration by employers when they render compensation, benefits, or other employment-related decisions.
If any of the above scenarios happened to you or your colleagues in the workplace, consult with some of the most experienced Santa Clara Age Discrimination Lawyers at Stephen Danz and Associates. We have successfully settled or litigated hundreds of cases of age discrimination. Each individual who contacts us for a free, no obligation consultation at 877-789-9707, will be granted ample time to discuss the case as well as fully understanding the process. We value our clients and develop a strategy toward success. With the right resources, decades of experience, and the know-how our firm is prepared to take your age discrimination case seriously, and we are ready and able to negotiate a settlement or take your case to court.
Remedies Are Based on Proper Representation and Accurate Strategy
Success is contingent on the attorney representation. Proper representation achieves maximum results based on the remedies obtained under the ADEA and FEHA. Some of these remedies include lost wages, front pay- which is pay that will compensate the employee for lost future earnings that would have been earned if he or she was not discriminated against, reinstatement to the position, attorney’s fees, and court costs. In addition, if we can show that the age discrimination was willful, then your award may include double wage damages and benefit damages.
Elements of Age Discrimination
As the highest California Court explained, to establish an age discrimination claim under FEHA, the employee/Plaintiff must establish a prima facie case of age discrimination by demonstrating that he was: (1) at least 40 years old, (2) performing his job satisfactorily, (3) discharged, and (4) either replaced by substantially younger employees with equal or inferior qualifications or discharged under circumstances otherwise “giving rise to an inference of discrimination.”
When bringing an age discrimination case, proof may be provided either by direct evidence such as documents or statements portraying age discrimination or circumstantial evidence such as the fact that more favorable treatment was rendered by the employer to younger, similarly-situated employees. Along with age discrimination claims, there are usually other claims of action such as retaliation when the employee complained about his mistreatment. Accordingly, even if the discrimination claim is dismissed, retaliation may still be successful if the employee can prove:
(1) that he or she reasonably believed that the employer discriminated against him or her due to age,
(2) that the employee complained to the employer or a government entity about the age discrimination, and
(3) that the employee consequently suffered adversely such as in his compensation, demotion, benefits, etc. due to his or her complaints of age discrimination.
If you have been adversely affected by age discrimination or retaliation at work, contact Santa Clara area employment discrimination lawyers who specialize in the representation of executives and employees in age discrimination cases. To discuss your case and explain what we can do for you, speak to our Santa Clara based employment discrimination attorneys today for a free consultation at 877-789-9707.
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“I can’t say enough good things about Stephan Danz & Associates. Our case was particularly challenging, one that would likely have frightened off less skilled attorneys. Steve personally addressed our case, guiding us calmly through every step and ensuring that the process was civil and dignified. In the end, Steve negotiated a tremendous settlement for my co-plaintiff and me. Although more than five years have passed since our case began, I continue to send clients to Steve and his impressive team of attorneys.”
– Susan C.
Age Discrimination Attorney Santa Clara