Age discrimination lawyer in Oakland

Standing up for employees who face age discrimination at work.

Oakland Age Discrimination Table of Contents:

• Age Discrimination Is Illegal Under Federal and California Law
• What Are Some Common Forms of Age Discrimination?
• Major Employers and Industries in Oakland
• Age Discrimination in Oakland Workplaces: An Infographic Guide
• How Age Discrimination Occurs in Different Industries
• Filing an Age Discrimination Claim
• Documents Required for Filing an Age Discrimination Claim
• Call for a Free Case Evaluation

The common saying goes, “Age is just a number.” But what happens when that number is used against you in your workplace? Some employers rightfully value the experience of older employees and view them as essential to the workforce. However, many others use stereotypes about older workers to shun them in favor of younger employees. Treating an employee differently based on their age is not just wrong and disrespectful; it can be illegal.

Employees who are 40 years of age or older are in a protected class under federal and California law. Age is a protected characteristic, just like race, national origin, sex, sexual orientation, and disability, among others. This means that employers cannot decline to hire, fire, demote, or take other adverse employment actions against an employee or job applicant because of their age. Nonetheless, age discrimination remains a harmful reality in many workplaces.

In 2019, the median age of American employees was 42.3. In 2021, the median age of Oakland residents was 36.9. By 2024, 25 percent of the U.S. workforce is projected to be over 55.

Erlich Law Firm is dedicated to protecting the rights of employees who face age discrimination at work. Our knowledgeable and compassionate Oakland employment attorneys will explain your legal options. If your employer has violated the law by treating you differently due to your age, we are prepared to help you get compensation and put an end to the discriminatory practices.

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Age Discrimination Is Illegal Under Federal and California Law

The federal Age Discrimination in Employment Act (ADEA) makes it unlawful for employers with 20 or more employees to use age as a negative factor in hiring, training, benefits or other aspects of employment. California also has a law that prohibits employers from using discriminatory practices in the workplace to target older employees, known as the Fair Employment and Housing Act (FEHA). It applies to all employers with five or more workers. Both the ADEA and FEHA protect employees and job applicants over the age of 40 from age discrimination.

What Are Some Common Forms of Age Discrimination?

Sometimes it is obvious that the disparate treatment of an older worker is motivated by their age, but in other cases, age-based discriminatory practices take on subtler forms. Here are some examples of ways in which employers may engage in age discrimination against employees and job applicants:

• Decreasing the pay of older workers
• Denying benefits due to age
• Demoting an older employee
• Promoting a younger, less-experienced worker over an older employee
• Creating a hostile work environment with age-related comments and jokes
• Blocking older workers from undergoing the same training as younger workers
• Wrongfully terminating older employees
• Implementing layoffs that impact mostly older employees
• Urging older employees to quit
• Refusing to hire workers based on age
• Posting job notices that include age-related preferences or limitations
• Asking about a job applicant’s age during an interview

If you have experienced any of these adverse employment actions, you should speak to an employment lawyer. You may feel like you have no choice but to quit your job or suffer retaliation from your employer for complaining about their discriminatory practices. However, the law gives employees important rights and protections from age discrimination.

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Major Employers and Industries in Oakland

Oakland has an array of employers, ranging from corporate giants to thriving small businesses, which contribute to its diverse economic landscape. Kaiser Permanente and The Clorox Company are both headquartered in downtown Oakland.

Employers that call this dynamic East Bay city home include World Market, Blue Bottle Coffee, Pandora, KTVU, Pacific Gas and Electric Company, East Bay Regional Park District, Bay Area Rapid Transit District, Oakland International Airport, Robert Half Recruiters & Employment Agency, Renew Financial, and numerous others.

Key sectors in Oakland include healthcare, consumer goods, technology, transportation, professional services, finance, and government and public services. These industries and employers play vital roles in Oakland’s economy, providing employment opportunities to workers in the city and across the Bay Area. Employment in Oakland increased by over 3 percent from 2020 to 2021.

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Age Discrimination in Oakland Workplaces: An Infographic Guide

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How Age Discrimination Occurs in Different Industries

In 2021, the most common job types among workers living in Oakland were management occupations, office and administrative support occupations, and sales and related occupations. They accounted for around 13 percent, 9 percent and 8 percent of the workforce, respectively. The top industries that year for employees living in the city were professional, scientific and technical services; healthcare and social assistance; and educational services.

Age discrimination is not limited to the above jobs. Unlawful treatment can occur in any type of workplace in Oakland. Let’s take a closer look at how workers may be subjected to age discrimination in different industries.

Technology Industry

Oakland boasts a thriving tech scene, hosting both established industry players and innovative startups. Leading tech firms in the city include Everlaw, Marqeta, Mosaic and Pandora. Additionally, VSCO, a digital media company, was founded in Oakland and maintains its headquarters there. The tech sector covers a broad range of fields such as software engineering, computer programming, data analysis and more.

The tech industry has garnered a reputation for perpetuating age-related stereotypes, often favoring younger employees over older counterparts. The average age of tech workers stands at 38 years old, notably younger than the average age of 43 for employees in other sectors. The past few years have seen several prominent Bay Area tech companies, including Google, Oracle and Workday, facing legal challenges for age discrimination.

Workers aged 40 and above may unfairly be labeled as digitally challenged and unable to cope with the fast-paced world of tech. A ZipRecruiter study found that 47 percent of employers admitted to being concerned about older employees’ tech skills. Around 25 percent said they would hire a 30-year-old job applicant over a 60-year-old candidate if both had similar qualifications.

Older tech workers may encounter ageist remarks in their day-to-day interactions with younger coworkers. They may find themselves targeted for layoffs or passed over for promotions. Despite their extensive experience and qualifications, tech workers over the age of 40 may constantly have to demonstrate their ability to keep up with the industry’s rapid evolution.

Employers may opt to give more opportunities to younger workers deemed to be tech-savvy despite having less experience. A commonly held belief related to tech employees under the age of 40 is that they can work longer hours due to having fewer family-related responsibilities.

Healthcare Sector

Kaiser Permanente is one of the largest healthcare providers in the country and a significant employer in Oakland. Other major hospitals in the city’s healthcare sector include Alameda Health System, UCSF Benioff Children’s Hospital Oakland, and Alta Bates Summit Medical Center. Oakland’s healthcare sector employs over 35,000 workers.

Unfortunately, working in healthcare can involve age-related biases that can sometimes rise to the level of age discrimination. In the healthcare industry, age discrimination can occur based on productivity concerns and cost-cutting measures.

Even though older workers may be highly qualified and competent, employers may assume they are slower at completing their job duties. Nurses and other healthcare workers aged 40 and above may be forced out of their jobs and replaced with less-experienced younger staff who are cheaper to employ. Employers may bully older employees in an attempt to get them to quit.

It is important to note that firing a worker based on their age is illegal and considered wrongful termination. Employers may attempt to justify wrongful termination by citing an older worker’s alleged shortcomings. They may use the healthcare employee’s poor performance, unprofessional conduct or accusations of patient abuse as pretexts to mask the true motive of age discrimination. Pretext, in this context, refers to a demonstrably false reason used to conceal discriminatory treatment.

Professional, Scientific and Technical Services Sector

This is a broad sector that is made up of many different types of industries and specialties such as advertising, legal services, management, consulting services, accounting, and more. Professional, scientific, and technical services employ a large majority of workers in Oakland.

Employees in the sector can face age discrimination that often stems from stereotypes about their abilities, adaptability, or relevance in rapidly evolving fields. Older workers may face challenges in securing new employment opportunities due to biases held by employers who perceive them as less likely to fit into the company culture. Additionally, employers may invest less in training or professional development for older workers, assuming they have less growth potential.

Working in this sector often involves collaboration among coworkers and others within a company. Workers over the age of 40 may find themselves marginalized within teams, with younger colleagues dismissing their ideas or contributions based on assumptions about their age. In the advertising industry, for example, youth is often equated with creativity and innovative ideas, while age is associated with being out of touch.

Employers may subtly or overtly pressure older workers to retire. They may offer early retirement packages or make comments about their age or retirement plans, even if the worker is still capable and willing to continue working.

Age discrimination can also occur in remote work that involves heavy reliance on technology like laptops and communication software. Older workers may be subjected to policies that disproportionately impact them or be sidelined from virtual meetings and discussions. Further, they may be deemed unfit for handling urgent tasks or on-call duties due to a perception that they may be juggling family responsibilities or are less productive.

While these are just a few examples of how age discrimination can occur in the professional, scientific, and technical services sector, there are many other ways unlawful treatment against employees aged 40 and over may manifest. An experienced Oakland employment lawyer can help you determine whether you have grounds for an age discrimination claim.

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Filing an Age Discrimination Claim

Employers tend to take precautionary steps to shield themselves from potential discrimination claims. They try to make sure that age does not appear to be the obvious motivating reason for layoffs, annual reviews, and promotion decisions. As a result, age discrimination may sometimes be disguised as legitimate business considerations.

California workers who experience workplace discrimination because of their age can sue their employer under the FEHA or ADEA. If the claim is successful, the employee can recover lost earnings and benefits, among other possible damages. The employee bears the responsibility for providing evidence that proves the mistreatment they suffered was based on age. Fortunately, you do not have to deal with the legal process on your own. An age discrimination attorney can make sure to gather all the necessary evidence on your behalf and represent your best interests in the case.

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Documents Required for Filing an Age Discrimination Claim

Proving age discrimination can be difficult as employers are often adept at hiding discriminatory treatment. Hiring a seasoned Oakland employment attorney is crucial when trying to establish a claim for age discrimination. The lawyer can help you obtain evidence to substantiate your claim and help you protect your rights.

One of the basic elements of proving that age discrimination occurred is to show that you belong to the legally protected age group of 40 years or older. Additionally, you must demonstrate that you experienced adverse employment-related actions, such as being terminated, receiving a pay cut, being assigned unfavorable hours, or getting passed over for a promotion. Your age should be the motivating factor behind your employer’s decisions against you.

Evidence for age discrimination cases can be categorized as direct and circumstantial. Direct evidence consists of explicit statements or communications like emails or messages that reveal age-related bias. Circumstantial evidence indicates a consistent pattern of discriminatory conduct.

In the context of remote work, employees rely heavily on digital communication that takes place through emails and online platforms. As a result, there is a greater likelihood of obtaining direct evidence to support your age discrimination claim.

The evidence required varies from case to case. If you suspect you are being subjected to age discrimination, be sure to meticulously document instances of suspected discriminatory treatment. Note details such as the time, location, nature of the discriminatory act and who was responsible for it.

At Erlich Law Firm, we prioritize personalized legal representation tailored to each client’s unique circumstances. Our experienced Oakland age discrimination attorneys will work with you to identify evidence and uncover inconsistencies in your employer’s justifications. We will strive to get you the compensation you deserve.

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Call for a Free Case Evaluation

Erlich Law Firm believes in using the power of the law to right injustices in the workplace. If you have been subjected to age discrimination at work, our Oakland employment lawyers can advise you on the best legal action to take based on the details of your situation. Get started today with a free consultation.