Riverside Age Discrimination Lawyer

Age Discrimination Attorney in Riverside, CA

Not only is age discrimination illegal, but it can have devastating impacts on your financial stability and emotional well-being. When you are experiencing unjust treatment due to your age, a Riverside age discrimination lawyer can help you hold your employer accountable and pursue compensation for your damages.

Clark Employment Law, APC: Local Law Firm

Clark Employment Law, APC, is dedicated to representing California employees when facing discrimination or harassment in the workplace. Although taking legal action against an employer can be overwhelming, our deep knowledge of California’s employment laws and the claims process can help you feel confident throughout the legal process.

Recognizing Age Discrimination at Work

Age discrimination includes a variety of unfavorable conduct an employee may face due to their age, specifically when they are above the age of 40. Among employees 50 or above, 64% have experienced or witnessed age discrimination in the workplace. In California, 28.3% of civil service employees are ages 40-49, with 10.6% over 59.

Age discrimination covers a variety of discriminatory acts and harassment. If you are being treated unfairly due to your age, you should speak with a Riverside age discrimination attorney about your legal options. Some types of discrimination include:

• Making employment decisions based on age: Employment decisions, including hiring, firing, promotion, pay, and scheduling, cannot be based on a protected characteristic, such as age.
• Harassment. Harassment can include offensive remarks, comments, or jokes about your age. Harassment can create a hostile work environment.
• Discriminatory company policies: While many company policies may not appear discriminatory, some can unfairly impact older workers. For example, forced early retirement based on age rather than personal reasons.
• Retaliation: You have a legal right to file complaints, file legal claims, or participate in investigations for age discrimination. An employer should not retaliate against an employee for exercising these rights.

Employment Laws That Protect California Employees

In Riverside, California some of the top employers are the County of Riverside, Amazon, and the March Air Reserve Base. No matter who you work for, there are laws protecting your right to fair employment practices, such as the Age Discrimination in Employment Act of 1967 (ADEA) or the Fair Employment and Housing Act (FEHA).

Both the ADEA and FEHA prohibit harassment and discrimination for both job applicants and employees in many areas of employment. These laws also protect an employee’s ability to file a claim against their employer for age discrimination. The ADEA and FEHA protect employees over the age of 40.

While both laws provide similar protections, there are differences in their jurisdictions and in which law applies to each case. The ADEA is a federal act that applies to employers with 20 or more employees, while FEHA is a California state law that applies to employers with 5 or more employees. A Riverside age discrimination attorney can explain which law your employer violated and help you file a complaint through the proper government agency.

Damages You Can Claim in an Age Discrimination Case

Filing a claim for age discrimination can allow you to recover damages that age discrimination has left you with. At Clark Employment Law, APC, some of the most common damages we help clients recover include:

• Backpay
• Front pay
• Legal fees
• Emotional distress

In some cases, liquidated damages can be included in your compensation. Liquidated damages are awarded to punish an employer who willfully discriminated against an employee based on age. These damages are equal to the amount of back pay you can receive, so liquidated damages could significantly increase your total compensation.

Why You Should Hire an Age Discrimination Lawyer

A Riverside age discrimination lawyer can help you file a claim that is accurate and comprehensive, pushing for justice against a discriminatory employer and compensation for your damages. To build a strong claim, they can gather and analyze evidence, communicate on your behalf with your employer, and apply California’s employment laws. Then, they can advocate on your behalf to reach a settlement or in court.

FAQs

What Are the Four Types of Age Discrimination?

The four types of age discrimination are direct, indirect, harassment, and victimization. Direct discrimination is when employment decisions explicitly result in discrimination, such as refusing to hire someone over 40. Indirect discrimination is when a policy disadvantages a certain age group. Harassment involves unwanted and pervasive or severe conduct due to someone’s age. Victimization is when an employee is retaliated against for speaking up about discrimination

What Are Examples of Retaliation in an Age Discrimination Case?

Retaliation involves facing adverse actions because of filing a complaint or a claim, participating in an investigation, or supporting another person who is involved in an age discrimination case. Common forms of retaliation include firing, demoting, poor treatment, or poor performance reviews. If you are facing retaliation, you should hire an age discrimination lawyer for help filing a claim against your employer.

What Is the Average Settlement for Age Discrimination in California?

Settlement amounts vary significantly depending on the case details, making it difficult to identify an average. A California age discrimination lawyer at a local law firm can evaluate your case to estimate a fair settlement based on the damages you have suffered. A settlement should cover your financial and emotional losses from the discrimination caused and may include liquidated damages if your employer was willfully or maliciously discriminatory.

What Evidence Do You Need to Prove Age Discrimination?

To prove age discrimination, you must prove that you are above 40, have suffered an adverse action, and that the adverse action was due to your age. Your lawyer can help you gather evidence, which may include records of communication with your employer, performance reviews, personal logs of discriminatory comments, internal complaints, and records showing older employees facing more adverse actions than younger employees at the company.

Speak With a Riverside Age Discrimination Attorney Today

Age discrimination can threaten your career, financial security, and mental health. At Clark Employment Law, APC, we understand how challenging it can be to face discrimination. We seek to empower employees and hold employers accountable. Contact us to learn how experienced legal representation can help you move forward after facing age discrimination.