Impact of Age Discrimination in California
Age discrimination is a serious problem in California, with workers over the age of 40 being particularly vulnerable. According to a 2022 study by the California Civil Rights Department, age discrimination complaints accounted for nearly 20% of all employment discrimination complaints in the state.
The impact of age discrimination on workers can be devastating. It can lead to job loss, financial hardship, and emotional distress. Age discrimination can also harm the California economy as a whole, as it deprives businesses of the skills and experience of older workers.
Laws that prevent Age Discrimination in California
Age discrimination is illegal in California under the Fair Employment and Housing Act (FEHA). The FEHA prohibits employers from discriminating against employees based on age, among other protected characteristics. However, despite the law, age discrimination remains a widespread problem in the workplace.
- The Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on age, among other protected characteristics. The FEHA applies to all employers in California with five or more employees.
- The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees who are 40 years of age or older. The ADEA applies to employers with 20 or more employees.
- The California Government Code prohibits state and local government agencies from discriminating against employees based on age.
How to File Age Discrimination Claims California
- Gather evidence of your age discrimination. This may include evidence that you were treated unfairly because of your age, such as documents showing that you were laid off or terminated while younger, less qualified employees were retained, evidence that you were denied a promotion or raise while younger, less qualified employees were promoted or given raises, evidence that you were subjected to harassment or bullying because of your age, evidence that you were given less desirable assignments or denied training opportunities because of your age.
- File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). You have 180 days from the date of the alleged discrimination to file a complaint with the CRD or the EEOC.
- Participate in the investigation. The CRD or the EEOC will investigate your complaint and try to resolve it with your employer. If the CRD or the EEOC is unable to resolve, they will issue you a right-to-sue letter.
- File a lawsuit in court. If you receive a right-to-sue letter, you have one year from the date of the letter to file a lawsuit in court.
Conclusion
If you believe that you have been discriminated against because of your age, you have the right to file a complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC). Age discrimination can significantly impact an employee’s career and financial well-being. These laws are essential because they ensure that employers cannot unfairly target or mistreat workers based on their age, providing a level playing field for all employees. At Southern California Employment Law Group PC, we are committed to promoting inclusivity and advocating for the rights of individuals facing age-based discrimination. Contact us at (424) 688-1057.
