Bakersfield Age Discrimination Attorneys
Lawyers Only Representing Employees in in Age Discrimination Litigation
The federal Age Discrimination in Employment Act of 1967 (“ADEA”) and California’s Fair Employment and Housing Act (“FEHA”) prohibit Bakersfield employers from discriminating against, or allowing harassment of, their employees based on age (over 40). In addition, applicants for jobs in California are also protected by ADEA and FEHA. The ADEA specifies that it is unlawful for employers to discriminate against individuals because of his or her age when considering term, condition, or privilege of employment. This may include hiring, firing, promotion, demotion, layoffs, compensation, tasks, responsibilities, assignments, training and benefits. It makes no difference if the supervisor as well as the victim are both over 40 years of age.
Who Must Abide by the ADEA and FEHA
Under the ADEA, employers with 20 or more employees, whether within the private or public sector, must follow the anti-discrimination rules. The rules also apply to government agencies and labor organizations. Under FEHA, employers with 5 or more employees are bound by the anti-discrimination rules. However, 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).)
On April 1, 2016, new FEHA anti-discrimination and anti-harassment regulations went into effect expanding the definition of “covered employer.” Accordingly, employees outside California and employees on maternity leave count toward the five employee minimum. Consequently, additional employers must abide by FEHA’s anti-discrimination and anti-harassment laws.
How to Combat Age Discrimination
If you believe that you’re the victim of age discrimination, you may file a lawsuit in either state or federal courts under the laws above after 60 days from filing your discrimination charge with the Equal Employment Opportunity Commission (“EEOC”). Further, you have 90 days from the day that you received a termination or dismissal to file the lawsuit. Often the EEOC attempts to try to resolve the matter between the employee and employer through their mediation department. Ensure that you’re represented at these proceedings as many “Bad” deals are struck when employees are under the EEOC’s pressure to settle. Contact Stephen Danz and Associates for an initial consultation with one of our experienced attorneys by calling (877)789-9707 or completing the contact form under the Contact page.
What Elements Are Required for Age Discrimination
To establish a claim of an age discrimination 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 (under 40) with equal or inferior qualifications or discharged under circumstances otherwise “giving rise to an inference of discrimination.”
Once the employee establishes the above elements, the burden shifts to the employer to show a non-discriminatory reason was the reason for its adverse employment action(s). If the employer satisfies that burden, the responsibility then shifts back to the employee to prove that the reason shown by the employer constitutes mere pretext (or ploy) for unlawful discrimination.
What Information Is Needed to Strengthen Your Case
Under law, employers are required to abide by strict record keeping. One of these rules is that California employers must keep employment records for three years. Within said records, there must be data regarding an employee’s promotions, demotions, layoffs, application, resumes, rate of pay and compensation. Employers must also keep records of any notices that were published to solicit applicants to apply for employment. These will all be requested by our attorneys along with proper discovery and depositions.
Contact Our Bakersfield Attorneys Today
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).) 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.
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.
Don’t Be a Victim
We are the largest plaintiff-only employment law firm in California. 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.
“I currently don’t drive and was faced with numerous legal documents which I needed my attorney’s help on. The associate attorney from Steve’s office who took me under his wing and actually took an Uber (as he doesn’t drive either!) to Steve’s nearest office in Irvine and met with me three separate times to help fill out the paperwork. I never once worried about the litigation process after Steve and his team took my case. The case is still active and its clear they have the defendants on the ropes. Can’t wait for the case to settle and getting this far in only a few months is beyond what other law firms told me was every doable. FIVE STARS to this Great Firm. I’ve already recommended several friends to them.”
Stephen Danz & Associates-Bakersfield