Age Discrimination Lawyers
Serving Real People, Not Corporations.
Call (626) 432-5422
California Workplace Age Discrimination Lawyer
If your company has fired or demoted you due to your age (40+), an age discrimination lawyer from Kluft Law, P.C. can help. Most forms of age discrimination are illegal under both California law and the federal Age Discrimination in Employment Act (ADEA).
Although employees over the age of 40 frequently contribute more experience, knowledge and competency to the workplace, some employers use age discrimination practices, or make illegal decisions that unfairly prejudice older job seekers and employees.
Kluft Law, P.C. knows discrimination laws and we fight aggressively to preserve your rights under them. We can serve you throughout California from the bay area, to San Diego, and everywhere in between like Los Angeles, Orange County, Alameda, etc.
What Is Age Discrimination?
In California, if you’re at least 40 years old and work in a place with at least 20 employees, the law protects you against workplace discrimination due to your age.
Age discrimination is any action where an employer uses your physical age or years of experience against you. This can happen either while applying for a job, or while working. In most cases this is illegal, but can be hard to prove directly. Therefore, courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you with what happened to younger workers.
Often employers blame non-age-related factors such as corporate downsizing, reductions in the workforce or reorganization for the illegal actions. However, you may recognize age discrimination when your employer takes an adverse employment action (firing, demotion, refusal to promote, etc.) because of your age while similarly situated, but younger, employees were treated differently and more favorably. Some cases include:
Lack of promotion
Negative performance reviews
Demotion
Suspension
The above outcomes are especially suspicious if your employer has recently made comments about your age.
If you and any co-workers who were similarly treated are all over 40 years old, then you may have reason to file a discrimination case. Contact us for a free legal consultation or call us at (626) 432-5422 to see if you have a case.
Specific Situations That May Not Be Age Discrimination
However, not everyone is eligible under ADEA or state anti-discrimination laws, including but not limited to:
Smaller employers (less than 20 employees)
If you work in a “high policy-making position” and get a yearly pension of $44,000 or more
If you work in a job that requires youth (for example, as a model or actor)
Some contracted workers, including tenured university professors, police officers, and fire-fighters, may have clauses in their contracts that allow age-based discrimination.
By the way: it doesn’t count if your company asks you to voluntarily retire, or if you are constructively terminated. But if you do quit, you’ll probably be asked to sign a severance agreement promising you won’t sue for age discrimination. Contact us for a free legal consultation or call us at (626) 432-5422 if this is happening to you.
Can a Business Refuse to Hire Me Because of My Age?
Most businesses can’t legally refuse to hire you because you’re older, except for some specific exceptions.
Also, it is not illegal for a prospective employer to:
Ask you your age or date of birth during a job interview
Require you to reveal your age on an application
Tell you you’re “overqualified” for a position, especially if you are.
However, if you are qualified for the job, an employer can’t refuse to hire you specifically because they fear you’ll soon retire or leave for another job elsewhere.
If you suspect a prospective employer has refused to hire you due to your age, discuss the possibility with an age discrimination lawyer at Kluft Law, P.C. —you may have a case.