In the dynamic and often youth-centric business climate of the technology industry in California, age discrimination is a critical issue that can disproportionately affect executives and other high-earning professionals. As a seasoned employee with substantial career accomplishments, you might find yourselves unexpectedly grappling with unfair treatment due to your age.
This treatment is not only unjust, it is unlawful. If you are facing discrimination at work because of your age, you may be able to take legal action against your employer. Understanding your rights and available remedies under California employment law is essential to effectively combat this form of discrimination.
What Is Age Discrimination?
Age discrimination involves treating an applicant or employee less favorably because of how old they are. This prejudice is often particularly pronounced in the competitive industries of California, where innovation and new technologies constantly reshape the landscape. Older executives and skilled employees frequently report being sidelined, overlooked for promotions, or unfairly terminated.
However, discrimination against a current or potential employee because of how old they are is illegal under state and federal law. Being 40 or older is considered a protected characteristic under both California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA). Your employer cannot discriminate against you for being older, just as they cannot discriminate against you for your religion or skin color.
Your Legal Protections Against Age Discrimination
Of course, just because something is illegal does not mean that it never happens. That’s why California provides robust legal protections and remedies against age discrimination in the workplace. California’s FEHA applies to employers with five or more employees and is designed to prevent bias in employment. Key provisions include:
- Discrimination: FEHA makes it illegal for employers to discriminate against people aged 40 and over in all aspects of employment, including hiring, firing, promotions, job assignments, training, and benefits.
- Harassment: FEHA also prohibits harassment of an employee or job applicant based on age. This includes protection against a hostile work environment or any form of related harassment by employers, employees, or third parties like clients and customers.
- Retaliation: Employees are protected from retaliation for filing internal or external complaints, testifying, or assisting in any proceeding involving discrimination allegations.
- Equality: Employers must also provide all employees with equal opportunities for promotions and fair compensation.
Age discrimination is a serious issue that can have significant impacts on your career, financial stability, and emotional well-being. These protections can help you avoid unjust treatment and maintain your career.
7 Common Signs of Age Discrimination in the Workplace
All of the legal protections in the world will not help if you do not recognize that you’re facing discrimination. Here are seven common signs of workplace discrimination against older professionals:
- Age Discrimination in Hiring and Employment Policies: When employers set age or experience caps for hiring or recruitment, they may be engaging in unlawful discrimination. Additionally, implementing other facially non-discriminatory policies that disproportionately affect older workers and aren’t based on business necessity may be unlawful.
- Stereotyping: Employers or co-workers may make assumptions about an employee’s ability to learn new skills, adapt to changes, or perform certain tasks based solely on their age.
- Harassment: This includes making derogatory or demeaning remarks about a person’s age. While offhand comments or isolated incidents may not rise to the level of harassment, frequent or severe mistreatment creating a hostile work environment is unlawful.
- Promotion and Advancement: Overlooking older employees for promotions or advancement opportunities in favor of younger employees with similar qualifications can be discriminatory.
- Training and Development Opportunities: Denying older employees access to training and development programs available to younger employees.
- Compensation and Benefits: Paying older employees less than younger ones in similar roles or reducing their benefits can be discriminatory.
- Forced Retirement: Some employers may unlawfully pressure or force older employees into retirement.
If you have experienced any of these issues in your workplace, you may have suffered from workplace age discrimination.
Your Options for California Age Discrimination Claims
If you’re experiencing age discrimination, California law provides several avenues for redress. If you believe you have been discriminated because of when your age, you should talk to a specialized employment law attorney. They may be able to help you navigate the intricacies of your case, from gathering evidence to negotiating settlements or preparing for trial.
In the meantime, keep a record of any remarks, decisions, or actions that you believe are discriminatory. An attorney may also recommend that you use your employer’s grievance process to report concerns or file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).
Should you need to take legal action, an attorney may be able to help you build a strong case to pursue potential legal remedies. Depending on the circumstances, these may include:
- Compensatory Damages: You may be eligible for compensation for your losses, such as back pay, future lost earnings, reinstatement or promotion at the company, legal fees, and emotional distress.
- Punitive Damages: If your employer’s conduct was particularly egregious or malicious, the court may punish them by awarding you additional damages.
- Injunctive Relief: In addition, the court may order your employer to stop discriminatory practices.
Speak to the Experts in Workplace Age Discrimination
Age-based discrimination is not only unjust, it’s illegal. As an experienced professional, you bring invaluable knowledge and expertise to your role. If you’re facing age discrimination, remember that the law is on your side.
Still, as an executive or high-earning professional, the journey through a legal battle can be complex and emotionally taxing. If you believe you have been a victim of age discrimination, consulting with an attorney who specializes in employment law can provide guidance on your rights and the best course of action. With the right legal support, you can fight back and secure the respect and fair treatment you deserve. Schedule your consultation with the experienced attorneys at Rudy, Exelrod, Zieff & Lowe, LLP to learn how we may be able to fight against workplace discrimination on your behalf.