Age Discrimination in California: What Are Your Rights?

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CALIFORNIA LAW
Both federal and California law prohibit
employers from using an employees age as a
factor in making employment decisions. This
protection is only available if you are 40 years
old or older, however. Below is an overview of
federal and California law regarding restrictions
on age discrimination. Los Angeles employment
attorney provides an overview of federal and
California law regarding restrictions on age
discrimination.
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AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)
In 1967, Congress passed the Age Discrimination
in Employment Act (ADEA) to address concerns
about discrimination for older workers. Originall
y, it only covered workers up to age 70, but that
upper restriction has since been removed. It was
enacted in response to employer practices that
forced older workers to stop working or retire
from a company when they reached a certain age.
Employers also argued that hiring younger
workers was better for the image that they were
attempting to convey as well. The ADEA affects
employers that have at least 20 employees. It
sets out that it is illegal for any employer to
discriminate based on your age if you over 40
years old.
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Generally, if an employer takes adverse
employment action against you because of your
age, you may have an employment discrimination
claim.
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Like the federal law, the California FEHA
prohibits age discrimination for those who are 40
or older in the employment and housing context.
The FEHA, however, expands the scope of which
employers are coveredevery employer that has
just five employees is covered by the FEHA. The
Department of Fair Employment and Housing (DFEH)
enforces state laws regarding discrimination in
the workplace in California.
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MAKING AN AGE DISCRIMINATION CLAIM IN CALIFORNIA
You have several options for filing an age
discrimination claim in California. You can file
a complaint with the DFEH or with the Equal
Employment Opportunity Commission (EEOC). You can
also file with both at the same time. Both
agencies can do an investigation, but the state
agency will likely end up taking the lead in most
circumstances. You must go through the
administrative process of filing a discrimination
claim before you can assert your claim in court.
There is a specific process that you must go
through to be able to sue, and your Los Angeles
wrongful termination attorney at Rager Law Firm
can help you ensure that you are going through
the proper steps.
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CONTACT RAGER LAW FIRM
To schedule a meeting with an employment law
attorney, please call 310-527-6994 or complete
the intake form below.
Title One
Visit 1055 West 7th Street, Los Angeles, CA
90017 Web https//www.ragerlawoffices.com/conta
ct/
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