Your boss recently pressured you to transfer to a less desirable position, and you noticed that the person who replaced you is half your age. You immediately feel that you have been discriminated against because of your age. What do you do now?
If you are aged 40 or older, California’s Fair Employment & Housing Act (FEHA) protects you from discrimination on the basis of your age. If you are a victim of age discrimination in the workplace, you have the right to seek justice. Pimentel Law can help you to accomplish this in various ways.
How to Prove Age Discrimination in the Workplace in California
An employee claiming age discrimination under the FEHA must prove that the adverse employment action was taken because of the employee’s age either by direct or indirect (circumstantial) evidence. Direct evidence proves the discrimination directly without inference or presumption. Such as an employer telling an employee in their 60’s that they want somebody younger for the job. However, because direct evidence is rarely available in discrimination cases, employees may prove age discrimination indirectly by showing
(1) at the time of the adverse action, he or she was 40 years of age or older,
(2) an adverse employment action was taken against the employee,
(3) at the time of the adverse action, the employee was satisfactorily performing his or her job and
(4) the employee was replaced in his or her position by a significantly younger person
If you prevail in your age discrimination lawsuit, the damages you receive may include past lost wages, future lost wages, and lost pension benefits. You may also receive monetary compensation for the emotional harm you have experienced as a result of your employer’s discrimination.
Enforce Your Rights Today
At Pimentel Law, we have extensive experience in dealing with employment law matters, including age discrimination in the workplace. We can analyze your unique discrimination situation and help you to attain the best possible result.
Contact us at (877) 265-8084 today to learn your legal rights and what steps you can take if you have experienced age-based discrimination at your place of employment.