While experience is sometimes rightfully valued by employers, other times experienced employees are shunned or ostracized by a younger generation of employees or supervisors. This is not only disrespectful and wrong, it can be illegal.
Age is a protected class in California just like color, gender and sexual preference. It is unlawful for an employer to subject an employee to disparate treatment because of age. You do not have to be fired to have grounds for a lawsuit against your employer for age discrimination. Many times, age discrimination takes subtler forms, such as:
- Decreases in pay
- Disparate treatment
- Creation of hostile work environment
- Failure to promote
- Abusive or ageist comments
- Assigning demeaning tasks
- Forcing to quit
The status of being 40 years old or more entitles one to legal protections against ageism in California. California's Fair Employment and Housing Act (FEHA) prohibits disparate treatment on account of age, just like other protected classes, such as medical condition, disability, religion, or marital status.
The employment lawyers at Bracamontes and Vlasak have achieved excellent results for employees suffering age discrimination in the workplace. Each situation is different and we can advise you:
- Whether and how to lodge complaints
- How to document unlawful practices and build a case
- Whether to quit or risk being fired
- Whether to negotiate or file a lawsuit
Pursuant to California Civil Code § 51.10, it is also unlawful for business establishments to discriminate in the sale or renting of housing based on age. Follow these links for our tenant and housing practice areas: Landlord-tenant, Wrongful eviction, Eviction defense.
If you have been the victim of age discrimination in employment or housing, you have a limited time to act to preserve your rights, as there are statutes of limitations and claim requirements under FEHA that must be followed.
Contact an experienced Bay area age discrimination lawyer at Bracamontes and Vlasak today for a free consultation.