I’m sorry to hear about your situation. Age discrimination is illegal under both federal law and California law. In order to prove an age discrimination claim, a plaintiff must be able to prove several things occurred. First, the plaintiff must be over 40 and must have been discriminated against in firing, hiring, or promotion because of his or her age. The employee must be able to prove he or she was negatively impacted because of the discrimination. The employee must also be able to prove that younger employees were treated more favorably.
Age discrimination laws do not protect individuals under the age of 40. Therefore, a person cannot be fired because he or she was too young. Also, in some cases age discrimination or forced retirement are legal. Unfortunately, age discrimination can be very hard to prove. Just because a worker is over the age of 40 and was fired does not mean the two are related. Even if a younger worker was hired as a replacement, that still does not prove age discrimination occurred. The employee may not have been a good worker, the position may have changed, or the younger worker may be more talented and qualified.
Normally, in order to prove age discrimination occurred, either the conduct must be blatantly obvious, or the company must have a widespread policy of discrimination. In addition to age discrimination being illegal, harassment based on age is also illegal. Although simple teasing or offhand comments are not illegal under law, if the conduct is widespread and creates a hostile work environment, the employer can be held liable.
If you have been discriminated against based on your age, call me, Conal Doyle, Los Angeles age discrimination attorney at 310-385-0567. I can help. You may be entitled to lost wages, lost benefits, and compensation for emotional damages. Call today to learn more or to schedule a free consultation.