Were you treated unfairly at work because of your age? This type of behavior is what’s known as age discrimination, and while it can be a frustrating experience that leaves you feeling powerless, you are not alone—a San Diego age discrimination lawyer is the one to call.
With decades of experience recovering millions in compensation for personal injury victims across the state of California, Omega Law Group Accident & Injury Attorneys knows what it takes to stand up for those who’ve been injured and wronged.
That’s why we’re committed to putting our clients first. Always! Let our family take care of your family by representing you as your San Diego employment lawyer. We’re here to help.
Defining Age Discrimination Under California Law
Age discrimination occurs when an employer treats an employee or job applicant less favorably because of their age. This is particularly concerning if the person is 40 years of age or older.
In California, protections against this form of discrimination are found in both the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA). Discriminatory treatment can occur at any point in the employment lifecycle.
Here’s a list of actions that can be considered discriminatory based on age:
- Refusing to hire older workers
- Denying promotions based on age
- Terminating older employees under the guise of cost-cutting or “restructuring”
- Encouraging early retirement to avoid paying higher salaries
- Applying stereotypes that associate older people with resistance to change
California law does not currently protect workers under the age of 40 from age-based bias, so complaints of “reverse age discrimination” are generally not actionable under current statutes.
However, no matter your age, you should still reach out to a San Diego age discrimination attorney as soon as possible.
California Fair Employment and Housing Act (FEHA)
FEHA is California’s primary anti-discrimination law and applies to employers with five or more employees. Under FEHA, it is unlawful to discriminate against a person aged 40 or older in any aspect of employment, including:
- Posting job advertisements
- Hiring employees
- Extending offers of compensation
- Setting conditions of employment
- Promoting employees
- Enforcing discipline policies
- Terminating people
- Developing training materials
FEHA also prohibits harassment based on age, regardless of whether the conduct results in an employment action, such as being fired or getting demoted. Employers are required to prevent and correct harassment in the workplace. Otherwise, they can be held liable for failing to do so.
Furthermore, FEHA permits the recovery of compensatory damages, punitive damages, back pay, front pay, and emotional distress damages in cases of proven discrimination. Unlike federal laws, California imposes no caps on compensatory or punitive damages.
(310) 526-8383Age Discrimination in Employment Act (ADEA)
The federal Age Discrimination in Employment Act prohibits age discrimination against individuals who are 40 years of age or older. It applies to employers who have 20 or more employees.
The ADEA covers processes such as hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training. Unlike FEHA, the ADEA does not allow for punitive damages or damages for pain and suffering.
It does, however, allow for the recovery of back pay, front pay, and liquidated damages in cases of willful violations. Employees in San Diego may file claims under either law, depending on the nature of the employer and the desired remedies.
Recognizing Age Discrimination in the Workplace
Age discrimination is not always easy to recognize. Many employers have learned to mask their intentions using coded language or neutral-sounding business justifications. However, certain patterns and behaviors are commonly associated with age-related bias.
These are common signs of age discrimination:
- Job ads that use coded language
- Rejecting older applicants in favor of younger candidates despite qualifications
- Criticizing the performance of older employees after years of positive evaluations
- Excluding people from meetings, training sessions, or projects that lead to advancement
- Pressuring older workers to retire early or accept severance packages
- Implementing company-wide layoffs that disproportionately affect older employees
- Demoting older employees without cause or shifting them to less favorable roles
- Making jokes or derogatory comments about age, memory, or appearance
While one-off incidents may not rise to the level of unlawful discrimination, consistent patterns of bias and unequal treatment based on age may violate California law.
(310) 526-8383Contact Our Age Discrimination Law Firm in San Diego Today
If you or a loved one has experienced age-related discrimination at work, you shouldn’t have to deal with the aftermath all by yourself. Unfair treatment as a direct result of your age can feel isolating, especially because you can’t control how old you are.
However, you don’t have to handle everything on your own. Instead, reach out to Omega Law Group to speak with an age discrimination lawyer in San Diego. We have the experience it takes to protect your rights and pursue the compensation you deserve.
Don’t hesitate to contact us for assistance—an age discrimination attorney in San Diego is here to help. The sooner you call us, the sooner we can take the proper steps to address the discrimination you have suffered and hold the at-fault parties accountable.
