Age Discrimination Lawyers for Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties

Protecting Your Rights Against Discrimination in the Workplace

An age discrimination lawyer can assist and represent individuals who believe they have been victims of age discrimination in the workplace. Age discrimination attorneys work to protect the rights of such individuals and fight aggressively on their behalf.  The scope of work will depend on the circumstances of the particular case, but it generally involves helping victims pursue all available legal remedies, including but not limited to the filing of lawsuits when necessary.

What is Workplace Age Discrimination?

In the state of California, age discrimination refers to the differential and adverse treatment of individuals who are 40 years of age or older based on their age. The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against job applicants and employees based on their age. This means that it is unlawful for employers in California to refuse to hire, terminate, or otherwise discriminate against individuals who are 40 years old or older based on their age.  Age discrimination can take various forms, such as denying promotions, providing unequal benefits or compensation, or creating a hostile work environment based on age. It is important for employers to be aware of applicable legal requirements, and to comply with these anti-discrimination laws to ensure compliance with the applicable legal authorities.

How Prevalent is Age Discrimination in California?

Age discrimination continues to be a prevalent issue in California. One survey found that 21% of respondents had personally faced age discrimination, while 36% believed that their age had hindered them from obtaining employment since turning 40. Additionally, there has been an observed increase in age discrimination cases in recent years, as indicated by data from the Cailfornia Civil Rights Department. In 2017, almost 20% of employment complaints received by the Department were related to age discrimination, marking a rise from the previous year. These statistics highlight the ongoing challenges faced by individuals in California regarding age-based discrimination.

What is the role of the California Civil Rights Department as it relates to Age Discrimination?

The California Civil Rights Department, which was formerly known as the California Department of Fair Employment and Housing plays an important role. The Department enforces California state laws that prohibit discrimination and harassment in the context of employment, housing, and public accommodations. The Department can investigate complaints of age discrimination and take appropriate actions to ensure compliance with the law. For folks who wish to pursue a direct lawsuit against an employer, the Department will issue a Right to Sue.

Age Discrimination and Employment Law in California

Our age discrimination lawyers in Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Ventura are well-versed in employment law and other laws governing the workplace. Our age discrimination attorneys stand ready to use their knowledge, experience, and skill to uphold the rights of the firm’s clients. In addition to litigation, we can provide other services such as negotiation with employers and providing legal counsel on employment issues related to age discrimination.

Lawyers for Employees in Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties Who are 40 or Older

If you suspect that age discrimination has cost you your job, our attorneys can be contacted for a complimentary consultation about possible representation. We are employment attorneys serving Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties. If you suspect that you were discriminated against based on your age, contact us today.

Personal Attention from An Age Discrimination Lawyer in Los Angeles County

If you are in Los Angeles County or surrounding areas, you can try to find a lawyer by using search terms like “best age discrimination lawyer Los Angeles,” “age discrimination attorney Los Angeles,” or “best age discrimination lawyer near me,” but that may not get you the answers you need.  You may end up speaking with an assistant and never hear from an actual attorney. To speak directly with a lawyer, contact us today.

Frequently Asked Questions About Age Discrimination

Is there a minimum age that qualifies for age discrimination? 
Under California’s Fair Employment and Housing Act, it is unlawful for an employer to take any “adverse employment actions” against an employee because the employee is 40 or more years old.

Can I sue my supervisor for discriminating against me because of my age?
Generally, no. The Fair Employment and Housing Act only permits age discrimination lawsuits against employers but not individual managers or co-workers. However, discrimination and harassment often occur simultaneously, so you may have an age harassment claim against your manager or coworker even if you do not have an age discrimination claim against him or her.

There are only two other employees working with me for my employer, can I still sue for age discrimination?
Unless your employer has five or more employees, the Fair Employment and Housing Act does not apply. However, depending on your situation, you may be covered under other laws, like federal law, common law, or public policies in California. Each situation is unique, and you should contact an age discrimination attorney in Los Angeles, Bakersfield, San Bernardino, Orange, or Riverside at for a complimentary case evaluation to discuss your specific situation. The Akopyan Law Firm A.P.C. provides complimentary case evaluations.

I have more experience and training, but my employer promoted a much younger employee claiming that she has more education. Do I have rights?
Depending on the circumstances, you may have a claim against your employer for age discrimination, especially if you were performing your job satisfactorily and there are other indications that you were not promoted because of your age. Every situation is different so you should contact a Los Angeles employment lawyer at the Akopyan Law Firm, A.P.C. for a complimentary case evaluation.

My employer demoted me and replaced me with a much younger co-worker even though I was satisfactorily performing my job. Do I have any rights?
Under these circumstances, there is an inference that the employer demoted you because of age, so you may have a claim for age discrimination. If an age discrimination claim is made, your employer will have to provide a reason for its decision to demote you and prove that the decision was legitimate and not merely a made-up excuse.

My employer claims that I was fired because of a reduction in force because the company is not doing well, but I feel I was fired because of my age. Do I have any rights?
Even if an employer has a legitimate reason for downsizing (like financial reasons), it is illegal for an employer to choose to keep younger employees while terminating older employees. Therefore, your employer may have engaged in unlawful age discrimination in the workplace. A skilled employment lawyer in Los Angeles at the Akopyan Law Firm, A.P.C. can consult with you and discuss your unique case.

Featured Age Discrimination Case:

Hersant v. Dep’t of Soc. Servs., (1997) 57 Cal. App. 4th 997.

The employee in Hersant brought an age discrimination action against his employer, the Department of Social Services, and his supervisor. The Superior Court granted Department’s motion for summary judgment, and appeal was taken. The Court of Appeal issued an opinion which explained that both federal and state law prohibit employers from discriminating against employees on the basis of age.  An employee alleging age discrimination must ultimately prove that the adverse employment action taken was based on his or her age. Since direct evidence of such motivation is seldom available, the courts use a system of shifting burdens as an aid to the presentation and resolution of age discrimination cases. That system necessarily establishes the basic framework for reviewing motions for summary judgment in such cases.  The burden shifting system requires the employee first establish a prima facie case of age discrimination. If the employee does so, the employer is required to offer a legitimate non-age-based reason for the adverse employment action. If it does not, then the employee prevails. Given the varying nature of the problem, it is impossible to make an exact, all-inclusive statement of the elements of a prima facie age discrimination case applicable in all situations. The general requirement is that the employee offer circumstantial evidence such that a reasonable inference of age discrimination arises. The requirement is not an onerous one.  In the context of the present case, a reasonable inference, that is, a prima facie case, of age discrimination arises when the employee shows (1) at the time of the adverse action he or she was 40 years of age or older, (2) an adverse employment action was taken against the employee, (3) at the time of the adverse action the employee was  satisfactorily performing his or her job and (4) the employee was replaced in his position by a significantly younger person.  When the employee has made this showing, the burden shifts to the employer to go forward with evidence that the adverse action was based on considerations other than age discrimination. When the employer offers evidence justifying the adverse action on a basis other than age, the burden shifts back to the employee to meet his ultimate obligation of proving that the reason for the adverse action was age discrimination. This ultimate issue is decided on all the evidence.  The exact showing required by an employee to avoid summary judgment in the face of evidence by an employer of a non-age-based reason for an adverse action is a matter of disagreement. The disagreement stems from language in St. Mary’s Honor Center v. Hicks, supra, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407, the United States Supreme Court’s most recent opinion concerning the burden shifting procedure used in discrimination cases. In part, the court in Hicks emphasized that liability could not arise merely from a showing that the employer’s stated non-discriminatory basis for the adverse action was false. It stated the ultimate issue was not whether the employer offered an unbelievable explanation for the adverse action but whether the employer acted for a discriminatory reason. On the other hand, the court stated: “The factfinder’s disbelief of the reasons put forward by the defendant (particularly if disbelief is accompanied by suspicion of mendacity) may, together with the elements of the prima facie case, suffice to show intentional discrimination. Thus, rejection of the defendant’s proffered reasons will permit the trier of fact to infer the ultimate fact of intentional discrimination, and … upon such rejection, ‘[n]o additional proof of discrimination is required,’ [Citation.]”

Contact Our Age Discrimination Attorneys in Los Angeles, Bakersfield, San Bernardino, Orange, and Riverside

Call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. We have extensive experience in all aspects of employment law, including age discrimination cases. We stand ready to represent folks in Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Ventura.

Areas Served

The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to AdelantoAgoura HillsAlhambraAliso ViejoAltadenaAnaheimApple ValleyArcadiaArletaAtwater VillageAzuzaBakersfieldBaldwin ParkBanningBeaumontBellBell GardensBellflowerBeverly HillsBlytheBoyle HeightsBreaBrentwoodBuena ParkBurbankCalabasasCalimesaCamarilloCanoga ParkCanyon LakeCarsonCathedral CityCerritosChatsworthChino HillsChinoClaremontCoachellaColtonComptonCosta MesaCoronaCovinaCulver CityCypressDana PointDesert Hot SpringsDiamond BarDowneyDuarteEagle RockEast HollywoodEast Los AngelesEastvaleEcho ParkEl MonteEl SegundoEl SerenoEncinoFontanaFountain ValleyFullertonGardenaGarden GroveGlassell ParkGlendaleGlendoraGranada HillsHacienda HeightsHawthorneHemetHesperiaHighland ParkHighlandHollywoodHollywood HillsHuntington BeachHuntington ParkIndian WellsIndioInglewoodIrvineJurupa ValleyLa Canada FlintridgeLa-Crescenta MontroseLa HabraLa MiradaLa PalmaLa PuenteLa QuintaLa VerneLaguna BeachLaguna HillsLaguna NiguelLaguna WoodsLakewoodLake BalboaLake ElsinoreLake ForestLancasterLawndaleLincoln HeightsLoma LindaLong BeachLos AlamitosLos AngelesLos FelizLynwoodManhattan BeachMar VistaMaywoodMenifeeMission HillsMission ViejoMonroviaMontclairMontebelloMonterey ParkMoorparkMoreno ValleyMurrietaNewbury ParkNewhallNewport BeachNorcoNorth HillsNorth HollywoodNorthridgeNorwalkOntarioOrangeOxnardPacific PalisadesPacoimaPalos VerdesPalmdalePalm DesertPalm SpringsPanorama CityParamountPasadenaPerrisPico RiveraPlacentiaPomonaPorter RanchRancho CucamongaRancho MirageRancho Santa MargaritaRedondo BeachResedaRialtoRiversideRosemeadRowland HeightsSan BernardinoSan ClementeSan DimasSan GabrielSan FernandoSan JacintoSan Juan CapistranoSan PedroSanta AnaSanta ClaritaSanta MonicaSawtelleSeal BeachShadow HillsSherman OaksSilver LakeSimi ValleySouth El MonteSouth GateSouth PasadenaSouth WhittierStantonStudio CitySun ValleySunlandSylmarTarzanaTemeculaTemple CityThousand OaksToluca LakeTorranceTujungaTustinTwentynine PalmsUplandValenciaValley GlenValley VillageVan NuysVenturaVictorvilleWalnutWest CovinaWest HillsWest HollywoodWest Puente ValleyWestchesterWestminsterWestwoodWhittierWildomarWinnetkaWoodland HillsYorba Linda