Age Discrimination Attorneys in Orange County
Employers may not use age when making employment-related decisions. Employees who reside or work in Orange County have the right to bring legal claims if their employers violated their workplace rights. Between state and federal laws, there are many protections that, if violated, produce an array of remedies. The remedies range from compensatory damages such as wages, back-pay, punitive and liquidated damages, costs, attorney fees, and benefits, to non-economic damages such as injunction and reinstatement. If you believe that your employer made work-related decisions based on your age rather than based on your abilities, experience or knowledge, contact our firm for a review of your case.
One of the laws that protect employees in the workplace is California’s Fair Employment and Housing Act (“FEHA”) which prohibits Orange County employers from discriminating against or allowing the harassment of, their employees based on the employees’ age (over 40 years). In addition, federal laws such as the Age Discrimination in Employment Act (“ADEA”) protect employees over 40 years of age from employers, labor organizations and employment agencies who consider age as the main factor in employment-related actions. (29 U.S.C. § 623.) In many cases, both FEHA and the ADEA apply. However, the laws protect certain types of workers and apply to employers of certain sizes. With decades of experience, our employment attorneys can make this determination and provide the necessary direction.
Some examples of ways that employers may discriminate against older employees include making the job more difficult so that the older workers quit. They may force older employees to work harder shifts, lift certain equipment, or allow unreasonable harassment to continue. The supervisors may make certain comments advising the older employees about retirement or that their memory is not suitable. In addition, employers may not use age as a determinant when laying off workers nor can they do so when deciding who to promote. If any of these instances sounds familiar, do not hesitate from contacting our office.
FEHA prohibits employment discrimination, harassment, and retaliation based on age (for employees 40 years or older). If proven in court, a plaintiff may recover unlimited monetary damages, including back pay, emotional distress, punitive damages, and any other out-of-pocket losses. Complaints must first be filed with the Department of Fair Employment and Housing (“DFEH”) within one year from the date of the alleged unlawful act. They may then be filed in court.
If you experience discrimination or harassment in the workplace and believe that it stemmed from your age, contact our office for a free consultation. When you contact Stephen Danz and Associates, you will speak with a firm that has a reputation for effective litigation, years of experience in negotiation, and an attorney that will review the facts of your case with you and instruct you on the steps needed to protect your rights. To review your case for no obligation, speak to our Age Discrimination Attorneys in Orange County today at 877-789-9707.
Who Do the Discrimination Laws Apply to?
California’s Fair Employment and Housing Act (“FEHA”)
FEHA applies to employers who have five or more employees. On April 1, 2016, new anti-discrimination and anti-harassment regulations went into effect that expanded the definition of “covered employer.” Now, out-of-state employees, as well as employees out on maternity leave, count toward the five employee minimum. In sum, more employers are currently on the hook and must abide by FEHA’s discrimination and harassment laws. Importantly, to establish an age discrimination claim under FEHA, the employee must demonstrate 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.”
Then, after the employee establishes the above elements, the burden shifts to the employer to show a non-discriminatory reason existed for its adverse employment action(s). If the employer satisfies that burden, the employee must then prove that the reason shown by the employer constitutes mere pretext (or ploy) for unlawful discrimination.
Age Discrimination in Employment Act (“ADEA”)
Similar to FEHA, ADEA applies to employees age 40 years and above. However, the ADEA only applies to employers that employ 20 or more employees each work day in each of 20 or more calendar weeks in the current or preceding calendar year. (29 U.S.C. § 630(b).) Moreover, the ADEA makes it illegal for covered employers who, based on age:
(1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment;
(2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee; and
(3) Print or publish any notice or advertisement indicating any preference, limitation, specification, or discrimination, based on age.
However, please note that both the ADEA and FEHA do not apply to non-employees such as independent contractors. (29 U.S.C. § 623(a); 29 U.S.C. § 630(f).)
Age Discrimination Includes Age-Related Harassment
Both state and federal laws prohibit certain kinds of harassment based on age. According to the EEOC, “[a]lthough the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” Is the harassment you experienced pervasive and consistent or is it isolated?
Attorneys Specializing in Age Discrimination
California employment discrimination and harassment cases require attorneys that are familiar with the local court rules, judges, and marketplace. Our firm has the knowledge, experience, and resources to take on the biggest companies, and the determination to fight their defense firms. The success of each case is contingent on, and the amount of compensation for lost wages, benefits, emotional harm, and other related damages depends upon the representation. Accordingly, our attorneys review the case with you at your convenience and remain involved each step of the way. This involves assessment of the facts, request, and analysis of the evidence through subpoena, deposition of your supervisor and those involved in the decision-making, and many other resources that are well beyond the capability of smaller law firms.
Contact an Orange County Based Attorney at Our Office Today
If you believe that you, or another employee, suffered an employment law matter related to age discrimination in the workplace (or retaliation for reporting or complaining about such conduct), prompt action to preserve your rights is vital since the statute of limitation is a short one year. Contact the experienced Age Discrimination Attorneys in Orange County at Stephen Danz & Associates for a free no-obligation consultation to discuss your circumstances and legal options. We are a statewide California employee-side law firm. To assess whether your case includes violations of federal and state laws, contact us for a free no-obligation consultation at (877) 789-9707. Se Habla Espanol.
92626, 92602, 92808
“An excellent and aggressive attorney who fought hard for my case and got me a big settlement from my previous employer. One of the best employment attorneys in Orange County without any question.”
Age Discrimination Attorneys in Orange County