Age Discrimination Attorney

Expert Age Discrimination Attorneys

Los Angeles Age Discrimination Lawyers

Age discrimination in the workplace is one of the most common forms of discrimination in California. It has been reported that two-thirds of workers aged 45 and older have seen or experienced some form of age discrimination throughout their careers. What’s worse is many victims don’t know how to hold their employer accountable, whether it was not getting a job they applied for, being passed over for a promotion, or being let go solely because of their age. 

We believe access to an experienced Los Angeles age discrimination lawyer is a fundamental right every employee has in the state of California when faced with an employer who violates The California Fair Employment and Housing Act. 

The attorneys at West Coast Employment Lawyers have been representing discrimination victims against negligent and abusive employers for decades. If you feel you have been a victim of age discrimination, you may be entitled to file a claim for compensatory damages.

Call 213-927-3700 for a free consultation and speak to a legal representative today.

Our Expertise as Los Angeles Age Discrimination Lawyers

WCEL has supported Los Angeles residents with top-notch legal representation for over 20 years. We are known for having expertise in age discrimination law, with actual trial and litigation experience. Other firms have little to no trial experience and refer litigation cases to us.

The President and Founder of WCEL worked at the largest law firm in Los Angeles, representing clients like Disney, Marriott, and the Roman Catholic Church, after graduating from Harvard Law School. But Neama didn’t go to law school to help corporations make money, so he left O’Melveny & Myers and opened his law firm across the street from where he once practiced. 

WCEL is now headquartered in the heart of Downtown Los Angeles, where he and his legal team continue to protect workers and help thousands of discrimination victims win cases.

What Is Age Discrimination?

In its simplest terms, according to federal law, age discrimination is the unfavorable or unfair treatment of employees in the workplace who are over the age of 40 years old. The unfair treatment can come from a co-worker or a supervisor, a subordinate, or a manager. 

According to the U.S. Equal Employment Opportunity Commission, discrimination can occur in hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and all other conditions of employment. 

Age Discrimination can manifest in various ways. Some instances include:

  • Declining to employ mature workers, even when they exhibit equal or superior qualifications compared to other younger applicants.
  • Denying career advancement to current staff members on the basis of their age.
  • Terminating employees once they attain a particular age (older age).
  • Implementing Policies that target or discriminate against employees based on age.
  • Persistent and extreme Harassment in the workplace related to age.
  • Demoting or decreasing hours and pay solely based on age 

Age discrimination cases account for about 20-25% of all Equal Employment Opportunity Commission cases. In general, wrongful termination claims are the leading factor in why clients report age discrimination, but it is usually only the end result of a much bigger problem. Underlying elements of discrimination usually lead to these adverse actions, which a Los Angeles age discrimination attorney can help you uncover.

Age Discrimination Laws in California

There are two main laws that protect employees in California from age discrimination: 

  • The Federal Age Discrimination in Employment Act (ADEA)
  • California’s Fair Employment and Housing Act (FEHA)

Both The ADEA and FEHA are laws that govern employer laws and employee protections in California. The main difference between the two would be that the ADEA covers employers or businesses with 20 or more employees. While the FEHA only covers smaller employers with a minimum of 5 employees. 

The Age Discrimination in Employment Act, known as the ADEA, first made its mark in 1967. Serving as a shield for job applicants and employees aged 40 and above, this federal law in the U.S. makes sure no one faces discrimination simply because of their age.

The California Fair Employment and Housing Act or FEHA, on the other hand, is a state law and was enacted in 1959.

The FEHA provides even broader protections against workplace discrimination based on age, race, religion, gender, disability, sexual orientation, and more. 

Here are some key differences that only the FEHA covers:

  • Protected classes: FEHA protects employees from discrimination based on a wider range of protected characteristics, not just age. This includes race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
  • Retaliation: Both ADEA and FEHA protect against retaliation for filing a complaint, participating in an investigation, or opposing discriminatory practices. However, FEHA’s retaliation protections are considered more robust, as they apply to more employers (due to the smaller business size threshold) and cover a wider range of potential retaliation actions.
  • Remedies: FEHA allows a wider range of damages than the ADEA. Under FEHA, an employee can get compensatory damages, punitive damages, and attorney’s fees. In contrast, the ADEA only allows for back pay, future pay, and, in some cases, liquidated damages, but not punitive damages.
  • Filing claims: FEHA requires that a complaint be filed with the Department of Fair Employment and Housing (DFEH) before a lawsuit can be filed in court, whereas under the ADEA, an individual must first file a complaint with the Equal Employment Opportunity Commission (EEOC). The time limits for filing claims can also vary between the two laws.

On top of both federal and state laws, Los Angeles also has its own anti-discrimination ordinance that provides another layer of protection..

How Do I Prove Age Discrimination?

The hardest part of the process, particularly for age discrimination cases, is proving an adverse action was taken by an employer solely because of an employee’s age.

Using witnesses, digital and physical evidence, the employee is burdened to prove that the employer purposely discriminated against them because of their age.

Most employers will not admit to replacing or removing an employee solely because of age. They will find other reasons, blame the employee’s performance or simply not state anything. 

California is an At-Will Employment state, meaning the employer and the employee are free to end the employment relationship at any time, with no penalties. This can add another layer of uncertainty when dealing with age discrimination cases. 

But, There are a few core steps you can take when proving age discrimination;

  • Show you were over the age of 40 when the adverse action happened.

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  • Show Employment policies and practices that negatively impacted applicants or employees 40 and older and are not based on a reasonable factor other than age. 
  • Prove you were qualified for the position and suffered adverse actions from your employer, such as a demotion, termination, loss of hours, or loss of benefits because of age
  • Show evidence of Harassment. Proof of any offensive or derogatory comments on age that were so frequent or severe that they created a hostile or harsh work environment or resulted in an adverse employment decision.

Luckily, The Protecting Older Workers Against Discrimination Act (POWADA) was passed by the U.S. House of Representatives on June 23rd, 2021, to help make age discrimination cases a bit easier to prove. Still, some cases are harder to prove than others and many cases get dismissed due to a lack of evidence. 

Hiring a Los Angeles age discrimination lawyer to represent you can greatly increase your chances of winning and receiving the highest settlement.

Do I Need a Los Angeles Discrimination Attorney?

Help from a dedicated attorney with expertise in employment law is an absolute must when filing your claim. They can help you stay on top of deadlines, paperwork, and many other important aspects of your case. 

Our law firm has held thousands of employers accountable for violating California and Federal law and has won millions of dollars in settlements for our clients. At West Coast Employment Lawyers, we offer our clients world-class legal representation with no upfront cost or fees. Our age discrimination attorneys work solely on a contingency fee basis and only receive a percentage of the settlement once won.   

Choosing the Right Discrimination Attorney

Proving age discrimination is a daunting task. Numerous cases exist where employers have actually discriminated against employees based on age and were not found liable. The right attorney can help build your case and prove beyond a reasonable doubt that the employer was responsible for age discrimination.  

An expert age discrimination attorney, like those found at West Coast Employment Lawyers, can assist you in reviewing the situation, determining what transpired, and deciding whether it’s appropriate to take legal action against your employer..

Get a Free Consultation with a Los Angeles Discrimination Attorney Today 

As our bond grows, Los Angelinos continue to entrust our Los Angeles age discrimination attorneys with their claims, knowing very well they can expect to see the best of the best fighting on their behalf. 

If you feel you have been a victim of age discrimination, contact our Los Angeles age discrimination lawyers at West Coast Employment Lawyers today for a free consultation. 

Call us at 213-927-3700 or fill out our email form to speak with a representative! 

Los Angeles Age Discrimination: Frequently Asked Questions

How Do I Know If I’ve Been a Victim of Age Discrimination?

Identifying age discrimination might feel overwhelming and uncertain at times, but there are certain telltale signs to keep an eye out for. For Example, If you’re past the age of 40 and have found yourself on the receiving end of adverse actions at work—like getting fired, being demoted, not getting hired, or missing out on promotions—it’s possible that you’re facing age discrimination.

Additional red flags could be seeing a noticeable bias towards younger employees, hearing derogatory comments about age, or realizing that company policies seem to impact older workers more negatively. 

If it feels like your age has played a major role in a negative work-related decision, then most likely you are being discriminated against.

How Do I File an Age Discrimination Claim in Los Angeles?

​​To file an age discrimination claim in Los Angeles, you have two options: filing with the federal Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing.

If you file with the EEOC, you generally must do so within 180 days of the alleged discriminatory action taken against you. If you file with the DFEH, you have three years from the date of the discriminatory act to file a claim. 

You should consult with a Los Angeles age discrimination attorney who specializes in employment law to make sure you follow the proper procedures and meet all deadlines. 

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This firm was extremely professional! The took over the entire process for us, from beginning to end… I'm not sure what I was expecting but they were fantastic. They helped us make the right decisions and got us great settlements. My mom doesn't have a yelp account but trust me, I speak for both of us when I say I highly recommend their services.

Amir
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Neama and Allen are awesome lawyers and handled my case as if it was their own. If you are searching for attentive, aggressive, and compassionate lawyers, this is the law firm you need to go with! Their entire team is so professional and never had me questioning their work…Thank you to everyone who helped me get through this tough time of my life.

Dezi
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I want to give a huge THANK YOU to the whole West Coast Employment Lawyers team for all your attention, help, support, dedication, professionalism, and RESULTS... you guys made the entire experience from start to finish easy, simple, and confusion free. I will recommend you guys to anyone I know that needs a lawyer.

Robert