Age Discrimination Attorney Los Angeles

Kesluk, Silverstein, Jacob, & Morrison offers its clients more than 100 years of combined experience and will be ready to help you earn the restitution you deserve if you’ve been discriminated against based on your age.

Experienced Los Angeles Lawyers for Age Discrimination Cases

If you suspect age discrimination in the workplace, you may be able to secure relief under state or federal law. Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. Find out the steps an age discrimination lawyer takes to prove an age discrimination claim. If you suspect age discrimination, file a claim with the Equal Employment Opportunity Commission or under your state discrimination laws.

Understanding the Age Discrimination in Employment Act

Age Discrimination Protections for Los Angeles Employees

Federally, the Age Discrimination in Employment Act (ADEA) only protects employees over the age of 40 from age discrimination. Moreover, you cannot sue under the ADEA if your workplace employs less than 20 people.

However, age discrimination is permitted in certain special circumstances. For instance, executives who make over $44,000 annually can be forced to retire at the age of 65. Furthermore, certain government workers are also subject to certain age limitations. This can include fire personnel, police officers, or air traffic controllers.

Legal Protections Against Age Bias in Employment

The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. Hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training are all included under this law. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age. Additionally, you cannot retaliate if someone files an age discrimination claim, testifies, or participates in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

Age Discrimination and Apprenticeship Programs: What You Need to Know

It is generally unlawful for apprenticeship programs to discriminate on the basis of an individual’s age. This includes joint labor-management apprenticeship programs. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.

Age Requirements in Job Ads: Legal Guidelines

The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the essence of the business.

Pre-Employment Age Inquiries: What Are Your Rights?

The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age. Therefore, a lawful purpose needs to be the defining intent of the inquiry.

Older Workers Benefit Protection Act: A Summary

The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Los Angeles Discrimination Lawyers Explain ADEA Waiver Requirements

At an employer’s request, an individual may agree to waive his or her rights or claims under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards for a waiver to be valid. Among other requirements, the Equal Employment Opportunity Commission outlines that a valid ADEA waiver:

Must be in writing and be understandable
Must specifically refer to ADEA rights or claims
May not waive rights or claims that may arise in the future
Must be in exchange for valuable consideration
Needs to advise the individual in writing to consult an attorney before signing the waiver
Must provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it

In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive. If you have any questions about ADEA waiver requirements, then you should reach out to a Los Angeles age discrimination lawyer today.

Questions About Workplace Conduct? Contact a Los Angeles Age Discrimination Lawyer Today

If you are a victim of discrimination in the workplace, contact an age discrimination lawyer at our law firm today so we can set up a free attorney consultation. We help workers experiencing all types of discrimination on the job, including age discrimination. Our Los Angeles discrimination attorneys can help you understand whether or not you have a case and determine what your next steps should be.

For more than 30 years now, our firm has been working to support employees and their families in cases of age discrimination and frequently delivers settlements that are in excess of our clients’ expectations. With a robust team of highly experienced attorneys, we’ll be ready to provide you with the resources and support you need to earn the compensation you deserve. Reach out and schedule your initial consultation today.

Proving Age Discrimination