San Diego Age Discrimination Lawyer

Age Discrimination Attorney in San Diego, CA

In California, an employer cannot discriminate against an employee based on age if the employee is over the age of 40. If you feel you have been unfairly treated because of your age, you need a knowledgeable and skilled San Diego Age Discrimination Lawyer attorney by your side.

I am Frank S. Clowney III, and I have the experience you need to bring a claim against your employer. For more than 40 years, I have represented clients who have been discriminated against in the workplace. I have had success obtaining damages for clients in age discrimination cases.

Call The Law Office of Frank S. Clowney III, at 619-557-0458 to contact an experienced San Diego age discrimination lawyer.

Examples of Age Discrimination in California

An employer can discriminate in many ways. Often, this makes it difficult for employees and job candidates to know when they are being discriminated against. Some examples of how employers can discriminate based on age include:

• Hiring or promoting younger employees over older candidates because of their age
• Laying off older employees before younger employees in order to save money
• Denying training to older employees
• Paying older employees less salary

Discrimination can also occur through jokes and crude language that poke fun at older employees because of their age. Harassment is no joke. If you are facing age discrimination at work, I will work to hold your employer accountable for allowing this demeaning behavior to continue.

Why Do I Need an Age Discrimination Attorney?

While an individual is not legally required to hire a lawyer to file an age discrimination claim, doing so can be incredibly helpful. They can help collect documents and other evidence to prove a claim. An individual might qualify for damages if they were wrongfully terminated due to age discrimination, and an attorney can help recover an appropriate amount more effectively than a person without a legal background.

Employers often attempt to make claims against the employee to avoid having to pay them. Challenging these claims can be extremely difficult without appropriate legal representation. Stand up for your rights and hold businesses accountable by filing an age discrimination claim with the help of a San Diego employment lawyer.

How the Age Discrimination Claim Process Works

Although all age discrimination claims will involve different circumstances, most will generally follow the same steps listed below:

1. File a Complaint: You must file a written complaint before gaining permission to file a legal case. Depending on the jurisdiction or the specific context of the case, the complaint can be filed with either California’s Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. For most age discrimination cases, you must file a complaint within three years of the act of discrimination occurring.
2. Wait for Approval: You have up to 60 days to be contacted by an investigator from the department for more information on your claim. After this investigation period, the department will either assist you in filing a formal complaint or dismiss your complaint. In the meantime, your employer may not retaliate against you by firing or demoting you because you decided to file a complaint.
3. React Accordingly: If your complaint was accepted, the department you filed with will assist you in filing your formal complaint. If your complaint was dismissed, you may receive a right-to-sue letter that you can use to file a claim against your employer within a year of receiving the letter. Those requesting federal relief only have 90 days to file a claim.
4. Settlement: To avoid a lengthy court case, many employers will attempt to settle with you outside of court. It might seem tempting to accept the first offer you receive as quickly as possible, but it is extremely important to review any settlement offer you receive with an attorney before accepting it to ensure that you are making the correct decision.
5. Trial: If your employer does not offer a settlement or you refuse the offer, the case might move to court. In this instance, an attorney can represent your interests against your employer and their robust legal team. Even if you’re sure about your case, it is usually a better option to let an employment attorney who is experienced in the realm of employment law support you during the trial.

Which Workers Are Covered Under Age Discrimination Law?

Many workers are able to file an age discrimination complaint if they have been treated unfairly, but this does not apply to the entire workforce:

• Employees: An employee has explicitly been hired by a company and works as a member of that company. Most employees are able to file age discrimination claims, with exceptions for employees of small businesses with fewer than five total employees.
• Job Candidates: It is possible to file a complaint for age discrimination if you have applied to work with a company and you believe that they did not hire you specifically due to your age. In order to do this, you must be fully qualified for the position.
• Independent Contractors: Most independent contractors are not covered under California’s age discrimination protection laws. Independent contractors often provide services for a company without being explicitly labeled as their employees. They are still able to file claims for workplace harassment based on age.
• Temporary Workers: In some cases, employees who come from a temp agency are able to file claims against either their employer or their temp agency, depending on who committed the discriminatory action.
• Interns: California passed additional legislation in 2015 protecting both paid and unpaid interns from age discrimination and workplace harassment based on age.

To learn more about whether you are able to file a complaint against your employer for age-based discrimination, contact a San Diego discrimination attorney today.

FAQs

Q: Can You Sue for Age Discrimination in California?

A: In San Diego, it is illegal for a company to discriminate against employees who are 40 or over because of their age. Those who believe they are being discriminated against can file a claim with California’s Department of Fair Employment and Housing. The claim will be reviewed within 60 days. If it is accepted, it can be directly filed against the employer. If it is rejected, an employee can still take the employer to court on their own.

Q: What Is the Age Protection Law in California?

A: In California, the Fair Employment and Housing Act protects employees from discrimination. It is more strict than the federal Age Discrimination in Employment Act. Under this law, companies cannot take discriminatory actions against those 40 or older, including changing their compensation, employment terms, working conditions, or job tasks or assignments. Discrimination cannot occur at the hiring stage, promotion stage, or when considering layoffs.

Q: What Are the Discrimination Laws in San Diego?

A: San Diego employers are subject to California’s Fair Employment and Housing Act. This act applies to any business that has five or more employees. The act prevents employers from discriminating against employees 40 or older. This includes any action that affects older workers disproportionately when compared to younger workers. Even if an action appears to be neutral, it can still be discriminatory if it does not have anything to do with job requirements.

Q: What Age Is Considered an Older Worker?

A: In California, an employee is considered to be protected under age discrimination laws if they are 40 years old or older at the time of the discriminatory actions. There are certain industries that use bona fide occupational qualifications, or BFOQs, to legally justify age discrimination, but they are used in a limited context. Even if an employer claims that an older employee was let go due to a BFOQ, they might still be protected under California employment law.

Contact A San Diego, CA Age Discrimination Lawyer Today

I have extensive experience bringing claims against employers for age discrimination. When you call my firm for a free consultation, I will answer your questions about employee discrimination. By the end of the call, I will give you an honest assessment of the validity of your claim. When you hire me, I will tenaciously pursue a fair settlement from your employer.

Call The Law Office of Frank S. Clowney III at 619-557-0458.