You have decades of experience, a stellar work history, you’re technologically adept, have verifiable & valuable skills, yet you were either not hired, fired, demoted or were discriminated against, you believe, because of your age.
It’s not fair.
What’s more, an employer’s decision to not hire (even for those reentering the workplace), to fire, to not promote or treat an employee in a discriminatory manner because they are 40 years of age or older, is illegal under both state and federal laws governing workplace discrimination.
Under the protections provided by Title VII of the 1964 Civil Rights Act, the 1967 Age Discrimination in Employment Act (ADEA) and the 1990 Americans with Disabilities Act (ADA), age discrimination is prohibited in the same way it is illegal to discriminate because of race, national origin, religion, disability, and gender. Since older Americans as individuals and, as a group, face unique obstacles, these federal and California state laws should offer protection. But too often, some employers either ignore these laws or are ignorant of them.
Further employee protections are governed by the United States Department of Labor (DOL), which prohibits workplace harassment based on the same provisions of Title VII.
In California, the Fair Employment and Housing Act (FEHA) also prohibits age discrimination of individuals 40 years of age or older. (CA Gov. Code Sec. 12941). While it is not illegal for an employer to inquire about a birth date, it is illegal to make employment decisions about Californians based on their age.
Under FEMA law, for Californians 40 or more years old, some factors that constitute age discrimination include when employers do not hire or they fire based on age; discriminate through employment compensation, terms, conditions, or privileges; harass an employee because of age; fail to prevent age discrimination and harassment from occurring; advertise job openings which state offerings only to younger applicants; or fire, harass or otherwise discriminate against a person who has filed a complaint.
California’s FEHA laws are enforced by the Department of Fair Employment and Housing (DFEH), an agency that investigates and prosecutes illegal age discrimination.
While an employee can file an age discrimination complaint through FEHA, proving you were discriminated against because of your age and enforcing an employer’s liability, is complicated. It is important that the Complaint be filed timely to protect the statute of limitations.
Once a complaint is filed, a resolution may be considered in one of two ways. A FEHA complaint can either be heard during an administrative hearing or litigated in a civil court proceeding.
You can allow the Department of Fair Employment & Housing to investigate and it can decide whether or not it will pursue a claim for you or provide a right to sue letter. Since the DFEH is a government agency, there can be a delay in the actual investigation. Or you can hire an Attorney. At V. James DeSimone Law we prepare the FEHA complaint and file it on line for you. We request an immediate right to sue letter and serve it on the employer. While we may then give the employer an opportunity to resolve it amicably, more often than not a civil lawsuit will be filed to pursue compensation. A FEHA case litigated in a civil court allows for an opportunity for monetary recovery in unlimited monetary compensation for loss of earnings, emotional distress and, if warranted punitive damages. An employer found guilty of age discrimination, will also be required to pay Attorneys Fees.
To determine whether you have a legitimate age discrimination case, and, if you do, what options you should pursue for recovery requires an attorney experienced in civil rights and California age discrimination laws. V. James DeSimone Law has attorneys qualified to evaluate your case and determine if your civil rights have been violated because of age discrimination. We also have the resources and skills necessary to hire investigators, interview witnesses, file timely claims and motions and fight for your rights to be compensated for your damages.
Since we opened our practice over 30 years ago, we’ve won multiple million dollar settlements and verdicts for our clients whose civil rights have been violated. If you believe you were unfairly discriminated against in the workplace because of your age, the attorneys at V. James DeSimone Law can determine if your case meets the requirements of Title VII and FEHA violations. If it does, our firm is equipped to pursue your case all the way to a jury trial if necessary until you’re fairly compensated for your damages.
At no cost to you, a V. James DeSimone attorney will personally review your case and advise you whether you may have legitimate monetary and other recourse against an employer. And if we take you on as a client on a contingency fee basis, we don’t get paid until we win your case.
Call 310-693-5561 today to see if you qualify to speak with an attorney at V. James DeSimone Law personally before your time to file a complaint runs out.
At V. James DeSimone Law, our Los Angeles employment lawyers are committed to justice. For 30 years, we have been focused on representing individuals whose employee or civil rights have been violated. We believe no one should be a victim of such mistreatment, and passionately fight for the individuals who have been. Our team prides itself on being the tenacious advocates these individuals can rely on to pursue justice on their behalf.When we take on a case, we do whatever it takes to help our clients secure the most favorable results possible. In fact, we have successfully achieved multi-million dollar settlements and verdicts on behalf of our clients. Voted “California Civil Rights Lawyer... View full business profile here: V. James DeSimone Law
