Walnut Creek Age Discrimination Attorneys
Age Discrimination Lawyer in Walnut Creek
Representing workers who face age discrimination in the workplace.
Age should not be a factor when making employment decisions. Unfortunately, some employers unlawfully use age to discriminate against employees, particularly older workforce members. Because age is a protected characteristic under California and federal law, treating employees differently based on their age can be illegal. Workers aged forty years or older are protected from wrongful termination and other discriminatory actions. These protections also extend to job applicants.
At Erlich Law Firm, age discrimination remains a harmful reality for many employees. Workplace age discrimination claims accounted for 22 percent of all complaints filed with the Equal Employment Opportunity Commission in 2020.
Our Walnut Creek employment lawyers are dedicated to standing up for workers’ rights who have faced unlawful treatment on the job. We are ready to help you get compensation and put an end to your employer’s discriminatory practices.
What Laws Provide Protections from Age Discrimination?
The federal Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) shield employees and job applicants over 40 from age discrimination. Age is a protected class alongside race, sex, disability, and other personal characteristics.
The laws prohibit employers from targeting older workers based on age across all employment decisions, such as hiring, training, firing, and pay. The ADEA applies to employers with 20 or more workers, while the FEHA applies to companies with five or more employees.
How Does Age Discrimination Occur in the Workplace?
Some Walnut Creek companies rightfully recognize the value that older, experienced employees bring to a job. Many other employers, however, rely on stereotypes to replace them with younger, underqualified workers who lack experience.
A 2022 study found that around 9 percent of workers over forty have experienced age discrimination. Fifty percent of the surveyed workers said they believed their age could be an obstacle in the job search process.
Not all age discrimination is overt. Employers may use various tactics to hide their discriminatory practices, making it difficult for workers to recognize that they are being subjected to disparate treatment based on age. Age discrimination is unlawful, no matter how subtly it occurs.
Below are some examples of common forms of age discrimination:
- Forcing older workers to quit
- Targeting more senior employees through layoffs
- Wrongfully terminating older workers
- Asking about an applicant’s age during a job interview
- Specifying age limits on job postings
- Refusing to hire someone based on their age
- Denying training and advancement opportunities to older employees
- Enabling a hostile work environment with ageist jokes and remarks
- Reducing pay or denying benefits to older workers
- Promoting a younger, inexperienced worker over a more senior employee
If your employer has taken any of these negative actions against you because of your age, reach out to an experienced Walnut Creek employment lawyer. You may feel you must quit your job or tolerate unlawful treatment to avoid being fired. However, California workers have important protections from age discrimination. This includes the right to report discriminatory practices without the fear of retaliation.
Filing an Age Discrimination Lawsuit
Walnut Creek workers who face workplace discrimination because of their age can file a lawsuit against their employer under the FEHA or ADEA. Bringing an age discrimination claim allows you to recover lost income and benefits, among other possible compensation.
The employee is responsible for submitting evidence that proves the mistreatment they experienced was based on age. However, employers often try to do everything they can to protect themselves from being sued for discrimination. They may attempt to pass off age discrimination as legitimate business considerations rather than the motivating reason for promotions, layoffs, annual reviews, and other employment decisions.
A skilled Walnut Creek employment lawyer can fight back against such tactics. When you hire Erlich Law Firm to handle your age discrimination claim, we will investigate the details of what happened and gather the evidence necessary to build a strong case. We are ready to help you get the compensation you deserve while putting an end to your employer’s discriminatory practices.
Erlich Law Firm will guide you through the entire legal process, never accepting a settlement unless you are satisfied with it. Our law firm is also prepared to go to trial when necessary. Your lawyer will keep you updated as your case progresses and always act in your best interests.
Call for a Free Case Evaluation
At Erlich Law Firm, we are dedicated to righting injustices in the workplace. If you have faced age discrimination at work, our Walnut Creek employment lawyers are ready to listen to what happened. We can advise you on what steps you can take to stop the unlawful behavior. Get started today with a free consultation.
FREE CASE REVIEW
When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.