Age Discrimination Attorneys in San Francisco
There are many laws that protect employees in the workplace. One of these laws is California’s Fair Employment and Housing Act (“FEHA”) which prohibits San Francisco 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”) also 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 specialized employment attorneys can make this determination and provide the necessary guidance.
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, an attorney will review the facts of your case with you and instruct you on the steps needed to protect your rights. Accordingly, your allegations of discrimination or harassment must initially be filed with the Department of Fair Employment and Housing. This must be completed within one year from the date of the alleged discrimination or harassment. At this point, we will secure the proper Notice of Right to Sue, and commence a private lawsuit against your employer (or previous employer). (Government Code Section 12940(a).)
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 in 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 a San Francisco Based Attorney at Our Office Today
We are a statewide California employee-side law firm representing employees in and around San Francisco. To appraise whether your case includes violations of federal and state laws, contact us for a free, no-obligation, consultation at (877)789-9707. We can also meet in person throughout our offices in Northern California. At the conclusion of the consultation, we will promptly let you know the strength of your case. Se Habla Espanol.
94104, 94119, 94114
“Steve and his team were absolutely great in representing me in my discrimination case. I felt like I was their only client and no call or email went ignored and in fact was answered if not immediately, within the hour. They arranged for a driver to pick me up as I couldn’t drive to the mediation. The case was settled that same day at mediation. Just amazing how the process unfolded and resolved so quickly. Not what one expects from the legal system!”
Age Discrimination Attorneys in San Francisco