Are you facing age discrimination in the workplace and feeling unsure about how to deal with it? It is important to understand exactly what age discrimination is and what you can do when you are faced with it. If you find yourself in this situation, you should get help from an age discrimination lawyer in Los Angeles. For now, however, let us take a look at some of the basics relating to age discrimination.
What is Age Discrimination?
In the simplest of terms, age discrimination occurs when a job applicant or employee suffers an adverse employment action because of their age. More specifically, to make out a prima facie case of age discrimination under California’s Fair Employment and Housing Act, a plaintiff must present evidence that the plaintiff (1) is over the age of 40; (2) suffered an adverse employment action; (3) was performing satisfactorily at the time of the adverse action; and (4) suffered the adverse action under circumstances that give rise to an inference of unlawful discrimination, i.e., evidence that the plaintiff was replaced by someone significantly younger than the plaintiff.
An employee alleging age discrimination must ultimately prove that the adverse employment action taken was based on his or her age. Employees in Burbank, Glendale, or Los Angeles who believe that they may have experienced age discrimination should contact an age discrimination lawyer in Los Angeles to find out more.
There Are Different Ways to Establish Unlawful Age Discrimination
If you contact an age discrimination lawyer in Los Angeles you may discover that there are different ways that a claim for age discrimination can be established. Disparate treatment occurs when an employer treats an individual less favorably than others because of the individual’s protected status. In contrast, disparate impact (the other general theory of discrimination) occurs when an employer has an employment practice that appears neutral but has an adverse impact on members of a protected group. A plaintiff can pursue either or both theories of discrimination so long as the facts of the case support it.
Age Discrimination Complaints
Aside from contacting an age discrimination lawyer in Los Angeles, employees suffering from age discrimination should consider making an internal complaint to their employer about the age-based harassment and/or discrimination they experience. Some employers will discharge their obligation to prevent the harassment and discrimination from occurring. Unfortunately, there are some who do not. Each victim of age discrimination should carefully consider the facts and circumstances of his or her experience to determine the best approach.
Importance of Evidence
If you feel you are being discriminated against because of your age, it would be a good idea to keep notes and gather evidence of the things you are experiencing. This will be helpful for when you file an internal complaint to HR, and for when you contact an age discrimination lawyer in Los Angeles. You should try to take notes about comments that are made to you and disparities between how you are treated as compared to younger employees, and pretty much anything else that leads you to believe that you are being treated worse than others because of your age. If there is any evidence that supports your belief, like for example emails, text messages, or other documents, then your HR person, and/or age discrimination lawyer in Los Angeles will want to see it.
Consult Legal Counsel
If HR fails to intervene on your behalf, or if you prefer to get help right away, contact an age discrimination lawyer in Los Angeles to discuss your potential claims and the best way to go about resolving them. A good age discrimination lawyer should be able to quickly identify the relevant issues, and devise a strategy to protect your rights. If you think you may be suffering age discrimination in the workplace consulting an age discrimination lawyer in Los Angeles is an important first step. Click here to learn more.