Los Angeles Age Discrimination Attorneys
California’s Fair Employment and Housing Act (“FEHA”) prohibits Los Angeles employers from discriminating against or allowing harassment of, their employees based on their age (over 40). When you contact Stephen Danz and Associates, an attorney will review the facts of the case with you and counsel you on the steps needed to protect your rights. Consequently, allegations of discrimination must first be filed with the Department of Fair Employment and Housing within one year from the date of the alleged discriminatory act. Then, once we secure the proper Notice of Right to Sue, we may initiate a private lawsuit against your employer (or previous employer). (Government Code Section 12940(a).) Similarly, federal laws such as the Age Discrimination in Employment Act (“ADEA”) protect employees from employers who use age as the central factor in employment-related decisions. (29 U.S.C. § 623.)
On many occasions, both the California and federal law apply. However, the different laws cover particular types of workers and encumber employers of certain sizes. Rest assured that our experienced employment attorneys can assist with this determination and guide you on your path.
Who Do the Discrimination Laws Apply to?
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.
Under Federal Law, the ADEA applies to employees age 40 years and above. 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).)
Attorneys Specializing in Age Discrimination
California employment discrimination and harassment cases demand the attention of attorneys who are familiar with the local court rules, judges, and marketplace, well-versed in the range of laws, have the experience and resources to take on the biggest companies, and the determination to fight 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. Our specialized, exclusively employee-side attorneys review the case with you at your convenience and remain involved each step of the way. Often, 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 Los Angeles Based Attorney at Our Office Today
We are the largest plaintiff-only employment law firm in California. If you are searching for “Age Discrimination Los Angeles” you need to speak to an experienced and dedicated law firm for employees. To evaluate whether your case includes violations of federal or state laws, contact our office for an initial free, no obligation, consultation at (877)789-9707. We can also meet you in person throughout Southern California. At the conclusion of the consultation, our attorney will promptly let you know the strength of your case. Se Habla Espanol.
90010, 90049, 90401
“I was able to buy a franchise and start my own business thanks to your hard work and six-figure settlement in my discrimination and wrongful termination case. Your hard work on my behalf, always being available to answer my questions about “what’s next”, where most reassuring. I have recommended you to several potential clients and will continue to do so. Thank you, Danz & Associates!”
– Jeannie M.
Age Discrimination Los Angeles