Age Discrimination

Age Discrimination

It is unlawful to discriminate against or harass someone because of their age. Individuals over 40 are considered a protected classification under the law. The Dolan Law Firm has handled numerous age discrimination actions with excellent results recovering damages on behalf of older employees who have suffered discrimination and/or harassment in the workplace. Contact us if you feel that you have been treated unlawfully because of your age. We work on a contingency fee and are paid only if we effect a recovery for you.

Age, like race and sex, is the product of the workings of nature rather than the individual's free choice; once acquired, the status of being over 40 is as permanent and immutable as race or sex. Age discrimination attacks the individual's sense of self-worth in much the same fashion as race or sex discrimination. Indeed, age discrimination (or 'ageism,' as it is sometimes called) has been defined as 'a systematic stereotyping of and discrimination against people because they are old, just as racism and sexism accomplish this with skin color and gender.California Government Code Section12941.1

Likewise, it is unlawful to discriminate in housing on the basis of age under California Civil Code Section 51.10. [LINK TO CAL CIV CODE SECTION 51.10.)

Examples of unlawful harassment and discrimination include;

• denial of employment/hiring someone just because they are younger;
• making jokes or unwanted comments on the basis of age;
• assignment of undesirable or demeaning tasks only to older people;
• lower pay for the same work;
• denial of training, education, or other benefits to older people;
• making a job more difficult to encourage someone to quit; and
• reduction in forces/layoffs that disproportionately affect older people.

Terminations that affect older people disproportionately than younger workers, as well as policies that provide training or educational benefits, or other benefits, only for younger workers may be discriminatory. Likewise, California law precludes termination decisions bases on salary which have a disparate impact (cause a greater impact) on older people.

CAN YOU QUIT IF CONDITIONS ARE INTOLERABLE?

The law recognizes that sometimes conditions get so bad that people have no reasonable alternative but to quit their employment rather than endure continued unlawful conduct. An employee can not just quit and sue because of one simple incident. The conditions must be of such severity and frequency that a reasonable person would thing that they have no alternative and that they were in effect, constructively terminated. You should first report the conditions through your company's complaint procedure, where possible, before you quit or your rights to recover damages may be reduced. For more information on constructive wrongful termination, click here

WHAT TO DO IF YOU HAVE BEEN TREATED UNLAWFULLY

Many companies have policies regarding anti discrimination and harassment in their company handbooks. Likewise, they may have reporting requirements which require that you follow a certain channel of communication in reporting harassment, discrimination and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages. The law protects you from retaliation.

You have a limited period of time to act to protect your rights. Failure to act promptly may eliminate your rights to take legal action. For more information on these statutes of limitations, click here .

An individual who has suffered unlawful conduct, inc California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct. Information on, and forms provided by, the DFEH and its complaint process can be found at http://www.dfeh.ca.gov/complaint.asp.

If you believe that you are being discriminated against or harassed because of your disability contact The Dolan Law Firm  for a free case evaluation.