
Employees should be judged based on their skills, experience, and performance. Unfortunately, many older employees face unfair treatment on the basis of age, often being excluded from opportunities, targeted during layoffs, or pressured to retire. A Roseville age discrimination lawyer can help you advocate for your rights while filing a claim that pursues justice and compensation.
At Asbill Law Group, we know how devastating it can be to be treated unfairly due to age, especially when it impacts your finances, career trajectory, or mental health. When working with us, our dedicated Roseville age discrimination attorneys can help you pursue a full recovery for damages suffered. We can help you file a powerful claim against your employer and negotiate for fair compensation.
Natalia D. Asbill-Bearor, the founding attorney at Asbill Law Group, is consistently recognized as an experienced attorney passionate about representing California employees. Due to her dedication and case results, she has received a five-star rating on Avvo. However, recognition and awards are not guarantees of future results. Selection criteria vary by organization.
Age discrimination can occur when an employer authorizes decisions about hiring, firing, pay, promotions, layoffs, or other employment actions based on an applicant’s or employee’s age, rather than their qualifications or performance. In California, workers who are 40 years old and older are protected from age discrimination. Employers who discriminate may face age discrimination penalties.
Of older workers in America, 41% report experiencing ageism at work. Some common examples include:
While age discrimination may seem straightforward, it is not immediately obvious and may instead be revealed when measuring how older employees are treated across the company. This can manifest itself in layoffs that unfairly target employees over 40 or in employers disproportionately hiring younger applicants. In fact, it is found that in 50% of establishments, less than 5% of workers are aged 45 or older.
Age discrimination can happen in any industry, whether you work in healthcare, tech, or for the local government, such as the City of Roseville or the Roseville City School District. In California, 28.3% of civil service employees are between the ages of 40 and 49, while only 10.6% are over the age of 59.
If you feel that you are being negatively targeted due to your age, there are steps you can take that can have a significant impact on the success of a future claim. It is also important to act quickly, as it can become more difficult to recover evidence and negotiate with your employer as time passes.
Your first step should be to document discriminatory activity. Keep a record of any comments, performance reviews, or unfair decisions. Also, save evidence such as emails and other written communications that relate to the adverse action or your age.
Next, report the issue internally. This could be through Human Resources, a supervisor, or another complaint process outlined by your company. While both written and verbal complaints should be respected, it is a good idea to submit a written complaint, as it leaves a record of the report. Explain the negative treatment and provide evidence of the discrimination.
If internal reports do not lead to any changes, it is time to work with a Roseville age discrimination lawyer. A lawyer can help you evaluate whether what you experienced meets the legal standard for age discrimination. If it does, they can then help you file a claim through the California Civil Rights Department (CRD) and pursue compensation for your damages.
In California, employees are protected by multiple age discrimination laws, with the main one being the Fair Employment and Housing Act (FEHA). FEHA prohibits employers from harassing, retaliating, or discriminating against employees and job applicants who are 40 years old or older. FEHA is enforced by the CRD, the agency through which you must file an age discrimination claim in California.
There is no set average payout for an age discrimination case because each situation is unique. The value of a settlement or verdict depends on several factors, such as the value of your financial losses, the extent of your emotional distress, and whether your employer acted intentionally or extremely negligently.
Age discrimination in California involves any unfair treatment that an employee 40 years or older has experienced due to their age. Common examples include:
If you succeed in an age discrimination case in Roseville, you may recover compensation for lost wages, lost benefits, lost future earnings, emotional distress, and legal fees. Depending on the circumstances, the court may also order your employer to reinstate you. In cases involving particularly egregious or malicious conduct, punitive damages can be awarded to you, which are penalties for age discrimination against your employer.
To prove age discrimination, you must provide evidence to prove that you have suffered from adverse action, and that the misconduct was a result of your age rather than a legitimate business decision. When you hire an age discrimination lawyer, they can help you gather this evidence, which may include performance evaluations, records of communications, witness statements, personnel records, and personal documentation of age-related harassment.
If you are ready to take action against a discriminatory employer, Asbill Law Group is ready to help. Contact us to set up a confidential consultation with an experienced Roseville age discrimination attorney.