Fresno Age Discrimination Attorneys
Employment Law Firm in Fresno with Focus on Age Discrimination
An unfortunate reality in the corporate world today is that although there are state and federal laws to protect older workers, there are still common instances of workplace discrimination. This ranges from small business to large corporates throughout Fresno. Reports show that almost 100,000 employment discrimination lawsuits are filed on a yearly basis in the U.S. California has no shortage of these types of cases especially since our state has a disproportionate number of aging workers. Therefore, if you believe that you suffered from age discrimination or know someone who has, California’s laws have made it easier to file claims and protect your rights. Our knowledgeable and experienced attorneys are here to fight for your rights and, if necessary, represent your interests in court.
Fresno Attorneys Have Represented Many Clients in Age Discrimination Cases
Stephen Danz & Associates has attorneys based in Fresno who know the laws, courts, and industry. We have represented hundreds of workers who were victims of employment discrimination, especially based on age. Although you may be fearful of voicing your concerns, rest assured that these types of cases have become commonplace and may not affect your future employability. If you have a reasonable belief that you were victimized by your employer, contact our office for a free no-obligation consultation at (877)-789-9707.
Examples of Age Discrimination in the Workplace
Age discrimination in the workplace may take many forms. However, no matter what form it takes, it is prohibited by many state laws such as FEHA and federal laws such as Title VII and ADEA and the Equal Pay Act. Here are some instances in how age discrimination exemplifies itself in the workplace:
- Termination, including layoffs or forced retirement (constructive discharge)
- Promotion, demotion or unfavorable job assignment
- Compensation for substantially similar positions
- Job recruiting and advertisements to the younger crowd via social media
California Workers are Protected against Workplace Retaliation
Aside from protections for California workers against age discrimination, there are many laws that add additional prohibitions against retaliation for filing a report or claim with enforcement agencies, your supervisor, or the Human Resources (HR) department. It is important to note that even if the underlying age discrimination claim is unsuccessful, the retaliation claim may still stand. Common types of retaliation may involve negative treatment against employees who participate in government investigations, serve on juries, act as witnesses against the company, or report company violations through whistleblowing activity.
Our Fresno Attorneys Can Guide You to Maximum Success
If you believe that your rights have been violated, let our attorneys fight for you. We have employment law attorneys who focus on age discrimination claims and know how to go to battle against employers and defense law firms of all sizes. Do not be intimidated. Your best route to protect your rights is to contact a workplace discrimination attorney. Only then can the playing field be leveled and your rights protected. Timing is crucial as deadlines to bring claims from the date of an adverse employment action may be as short as one year.
Our attorneys will spring into action in evaluating the facts of your case and guide you on the best approach by giving you options. Having experienced and knowledgeable attorneys at your side will ensure that your employer is brought to justice. Stephen Danz & Associates attorneys have been practicing in California for decades and only represent employees, executives, and plaintiffs in workplace cases.
Age Discrimination Attorneys with Proven Results
The track record of our attorneys speaks for itself. We are passionate advocates on behalf of older workers in age discrimination actions. Our remarkable results in recovering damages (both compensatory as well as punitive) are industry-leading. We also review severance agreements to maximize your rights before you waive them entirely. We can meet you in Fresno or any of its surrounding cities.
What Laws Are Impacted in Age Discrimination Cases
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 Fresno 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).
If You’re a Victim or Have Reasonable Belief of Age Discrimination, Contact a Fresno Age Discrimination Lawyer Today
What our attorneys have also been able to successfully do is negotiate severance packages when employees believe that they were wrongfully discharged. Age discrimination has a one-year statute of limitation from the date of adverse conduct. This and other deadlines must be carefully followed so that you do not lose your right to sue. Contact our office today ator complete the Online Form, and we will ensure that an attorney discusses your case and guides you to maximum compensation and retribution. Stephen Danz supervises the cases and will make sure your rights are pursuit ardently.
Laws Against Age Discrimination in California
California’s Fair Employment and Housing Act (“FEHA”) and the federal Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits Fresno employers from discriminating against or allowing harassment of, their employees based on age (over 40). When you contact Stephen Danz & Associates, we will schedule a complimentary call between you and an attorney to review the facts of the case with you and guide you on the steps needed to protect your rights. Consequently, your 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) unless we chose to settle the claim outside of court. Further, 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.
On many occasions, both the California and federal law apply. However, the different laws cover particular types of workers and apply to employers of certain sizes. Regardless, our experienced employment attorneys can assist with this determination and ensure that you’re on the right 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 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 older. However, please note that both the ADEA and FEHA do not apply to non-employees such as independent contractors.
Attorneys Specializing in Age Discrimination
California age 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 Fresno Based Attorney at Our Office Today
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 Fresno and its surrounding cities. At the conclusion of the consultation, our attorney will promptly let you know the strength of your case. Se Habla Espanol.