An older employee may be discriminated against in a number of ways. If a an employer terminates a highly paid employee they could be guilty of age discrimination.
A California age discrimination lawsuit may be necessary to protect the rights of an older worker who has been fired.
Take the example of one California woman who was “let go” from her long-time employer because the company stated that budget requirements demanded a reduction in the workforce.
Unfortunately, the woman found out from co-workers that her employer considered her too old to compete with younger minds. In addition to the woman, seven other employees were let go from her company, they all were older than the rest of the workforce.
California’s Fair Employment and Housing Act, along with the federal Age Discrimination in Employment Act can protect California employees from being discriminated against due to their age.
Unfortunately, in today’s technological driven workplace, more companies than ever are seeking youthful minds and innovation. In order to make room for this new generation of workers, employers are disposing of older, more experienced business professionals.
In the case of the woman in the above example, if her position is filled by a younger professional for age or even salary related reasons then she may very well have a prima facie case of age discrimination.
If the woman chooses to bring a discrimination case against her former employer, the employer will have the responsibility of proving that her termination was the result of something other than age discrimination such as poor performance.
If the employer succeeds at providing a legitimate reason for the termination that disproves the employee’s claim of discrimination, then the burden rests on the employee to demonstrate why the employer’s claims were false.
California Government Code Section 1941(a) is a piece of legislation that mandates that termination on the grounds of salary, can be grounds for an age discrimination case if it disproportionately effects older workers. Due to an older worker’s experience in the workplace they are often paid higher salaries.
Ultimately, the woman in the above example may have offered a quick take-it-or-leave-it severance option. This can be a sign that the employer knows they are not behaving above board.
In the midst of the stress and emotion of losing your job it can be difficult to stop and determine whether your Civil Rights have been violated.
In short, age discrimination is a real and very serious legal issue, and one of which most people are blissfully unaware.
The process of filing a discrimination claim against an employer can be complex, and may be exacerbated by stress and financial concerns. Fortunately, federal and state law provides California workers with clear rights that must be upheld.
Additionally, they do not have to go it alone if they feel that they are a victim of age discrimination.
Costa Mesa employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 714-937-2020.
More Blog Entries:
California Worker Wins Wrongful Termination Lawsuit, January 1, 2014, Los Angeles Employment Lawyer Blog
LGBT Workplace Discrimination Statistics, December 30, 2013, Los Angeles Employment Lawyer Blog