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Age Discrimination

Age Discrimination Lawyers in Los Angeles

Hire a Trusted Attorney With Over 30 Years of Experience to Help You

Employment Law Local Legal Authority
James DeSimone is a Local Legal Authority with Attorney at Law Magazine

If you have lost your job as a result of age discrimination, you may have the right to seek a settlement. Far too often, employers let go of employees because of their age or fail to give them protection from discrimination. Our Los Angeles employment lawyers at V. James DeSimone Law have the experience and skill necessary to help you right the wrongs that have been done to you. Our team has achieved multi-million dollar settlements and verdicts and we know how to build strong case strategies. Age discrimination can come in many forms and is something to be taken very seriously. If you are in Los Angeles, Orange County, San Bernardino County, or anywhere in Southern California, call on our team.

If an employer treats an individual differently regarding job employment due to their age, it is considered age discrimination and is illegal under both federal and state law. Unfortunately, age discrimination is a common occurrence as the population and workforce of the United States grow older. However, it is not enough to simply be able to identify age discrimination, a victim must also be able to prove that age discrimination occurred in order to receive justice.

If you have dealt with any of the following, we can help:

  • Wrongful termination
  • Harassment
  • Mistreatment
  • Missed hours or wages
  • Forced retirement
  • Failure to promote based on age
  • Demotion based on age

Our team has three decades of experience helping clients navigate the complex legal system. We know the various rights of employees and the importance of making sure employers abide by these rights. Our founder has received a Superb 10.0 Avvo rating, a small testament to the level of skill and commitment to justice that you receive when you hire our firm.

For your complimentary review, call (310) 693-5561.

Federal and State Age Discrimination Laws

There are several federal and state laws that prohibit an employer from discriminating against an employee, or potential employee, based on their age. The Equal Employment Opportunity Commission (EEOC) enacted the Age Discrimination in Employment Act (ADEA) specifically to prevent age discrimination. Age discrimination for federal purposes starts at the age of 40, however, it may start much sooner in real-life scenarios throughout the United States. In fact, the American Association of Retired Persons (AARP) reports that over 60% of all workers over the age of 45 have either been the victim of or have seen age discrimination in action in the workplace.

Covered Employers

In order to prove your age discrimination case, you must first work for an employer that is covered under the ADEA. The ADEA applies to private employers who have 20 or more employees and engage in interstate commerce. Additionally, the ADEA will also apply to public employers. If an employer meets these criteria and either refused to hire you, treated you differently with respect to compensation, employee benefits or other employment matters, or terminated your employment due to your age, you will have the foundation upon which to build your age discrimination case.

Proving Age Discrimination

There are two legal theories under which age discrimination may be proven: disparate treatment theory and disparate impact theory.

1. Disparate Treatment Theory

Under the disparate treatment theory, a worker must prove that the employer intentionally discriminated against them based specifically on their age. In order to prove a disparate treatment theory, a victim must show the following:

  • The employee was 40 years of age or older; and
  • The employee is qualified for the position of employment; and
  • The employee suffered some form of adverse employment action such as a loss of compensation, demotion, changing of the terms of employment, changing employee benefits, or firing; and
  • The adverse employment action was taken under facts that point to an inference of discrimination, such as comments including during the adverse action or being replaced by a younger person with inferior experience or training.

2. Disparate Impact Theory

The disparate impact theory is different than the disparate treatment theory in the sense that it does not require that intentional discrimination related to age occurred directly from an employer. Rather, this legal theory requires that a victim prove that the employer has some form of work practice that inherently has a negative impact on older workers.

For example, if an employer has a screening test, which might be neutral in theory, that would somehow identify older employees, the results of this test could then be used at a later time regarding the determination of layoffs or RIFs (reduction in force). In order to prove a disparate treatment theory, a victim must show the following:

  • A specific practice of the employer has a disparate impact on workers that are over the age of 40 for either individual workers, or a group of workers.
  • The employment practice must be neutral on its face, however, it creates the possibility for disparate treatment and impact against older workers.

Some Signs of Age Discrimination

In some cases, a worker is not sure whether the actions taken against them rise to the level of age discrimination. The following are some common signs of age discrimination in the workplace.

  • Verbal harassment or verbal discrimination
  • Only hiring younger employees
  • Consistently overlooked for challenging work, or work that would advance your career
  • Consistently being turned down for promotions, even though your work is exemplary and better than others
  • Being left out of meetings or isolated within your workplace
  • Your employment title is eliminated with no reasonable explanation
  • You are laid off with no reasonable explanation
  • You begin to receive performance improvement plans (PIP) even though your work is exemplary
 

Contact an Experienced Los Angeles Age Discrimination Attorney Today

If you need to talk to a Los Angeles age discrimination attorney regarding your specific situation, we urge you to call V. James DeSimone Law today and schedule a consultation. Our intake team will meet with you personally to discuss the specific circumstances of your matter, and also how we might be able to assist you. Our intake team takes the time needed and special care with each new potential client to determine if, and how we can help.

If you need help, call V. James DeSimone Law at (310) 693-5561.

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Marina Del Rey, CA 90292