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Age Discrimination Is A Subtle Form Of Discrimination In The Work Force

Federal and state laws prohibiting employers from discriminating against older workers whom they interview for a job or employ have been around for decades. The Age Discrimination in Employment Act of 1967 (ADEA) protects workers 40 years old and older from discrimination. In California, the Fair Employment and Housing Act (FEHA) also protects workers aged 40 and over. These laws govern hiring procedures as well as on the job practices related to all employers, public and private, labor unions and organizations as well as employment agencies. FEHA regulations strictly apply to all employers who have a workforce of five or more employees.

This applies to all advertising an employer places for job applicants. An employer cannot include discriminatory language on their employment applications, during job interviews or screening. If you are over 40 and believe a potential or existing employer discriminated against your age in any one of the following, you may have a case for age discrimination:

  • Hiring
  • Transferring
  • Promoting
  • Demotion or job termination
  • Working conditions
  • Training opportunities

Proving Age Discrimination Can Be Complex

While proving you are 40 years old or older is straightforward, proving how and when your employer’s actions adversely affected you can be more difficult. You may have to prove, for example, that a younger person was hired for the same position that you were equally qualified for due to their youth.

Another common age discrimination example is when a younger person gets a promotion that an older employee was next in line for. Other examples include your supervisor repeatedly asking you when you are going to retire, or the company moving your office for no apparent reason but giving younger workers more visibility to opportunities and thus more pay. It is also illegal to retaliate against a worker who has reported that age discrimination by their employer.

At Caskey & Holzman, our attorneys will help investigate the facts surrounding your employer discriminating against you based on your age and help you pursue justice. We can help you pursue compensation for the salary you lost as a result of your employer’s discrimination against you, future lost wages, damages for emotional distress, punitive damages and policy changes, among others.

Contact Us For A Free Case Evaluation

We understand how difficult it can be to prove an age discrimination case. Employers often use tactics to insinuate an older worker is less than competent. Our experienced team will help you gather the facts to help prove your case. Call our office in Calabasas at Caskey & Holzman at 323-391-3984 or toll-free at 800-403-7096. We serve clients throughout Ventura County and Los Angeles County. We accept most cases on a contingency fee basis.