Sacramento Age Discrimination Attorneys

Fighting for Your Workplace Rights in Sacramento County

Age discrimination in the workplace can affect an individual’s livelihood and self-worth, creating an environment of unfairness and inequality. At Polaris Law Group, we are dedicated to representing employees who have faced discrimination based on age. If you believe that your rights have been violated due to ageism, a knowledgeable Sacramento age discrimination lawyer can help you understand your legal options and fight for the justice and compensation you deserve.

Contact us online or at (888) 796-4010 to talk to a member of our team about your situation and legal needs during a confidential consultation.

What is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated unfairly due to their age. While age discrimination can affect younger workers in some situations, it is most commonly associated with older workers who may face biases in hiring, promotions, compensation, or termination. The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 from being treated unfairly based on their age.

Discrimination can be direct, such as making derogatory comments about an employee’s age or refusing to promote someone because they are “too old,” or indirect, such as company policies that disproportionately affect older workers.

Some of the most common examples of age discrimination include:

• Failure to Hire: Employers may refuse to hire qualified candidates simply because they believe younger employees are more suited for the job. Ageist hiring practices can be subtle, such as requiring job applicants to include their graduation dates on their resumes or prioritizing “new graduates” for certain roles.
• Unfair Termination or Forced Retirement: Some employers might attempt to force older employees into early retirement or terminate their positions under the pretense of cost-cutting measures. This is often an attempt to replace more experienced (and often higher-paid) employees with younger, lower-paid workers.
• Denying Promotions or Pay Increases: Employers might overlook older employees for promotions, giving them to younger employees with less experience. Similarly, older employees may be denied pay raises or bonuses that are offered to younger colleagues.
• Ageist Comments and Harassment: Disparaging remarks or jokes about an employee’s age, such as referring to someone as “over the hill” or “past their prime,” contribute to a hostile work environment. Age-related harassment is a form of discrimination, and employers are obligated to address and prevent this behavior.
• Exclusion from Training or Development Opportunities: Older workers may be excluded from professional development opportunities or training programs under the assumption that they are less adaptable or less willing to learn new skills compared to younger workers.

State & Federal Age Discrimination Protections

Employees in Sacramento are protected from age discrimination by both state and federal laws. Understanding these protections is crucial in building a strong legal case against employers who engage in discriminatory practices.

The Age Discrimination in Employment Act (ADEA)

The ADEA is a federal law that protects employees and job applicants over the age of 40 from age-based discrimination. Under the ADEA, it is illegal for employers to:

• Refuse to hire, promote, or retain employees based on age.
• Set arbitrary age limits for jobs unless they can be justified as a bona fide occupational qualification (BFOQ).
• Harass employees because of their age.
• Retaliate against employees who file age discrimination complaints or participate in investigations.

The ADEA applies to employers with 20 or more employees, including private businesses, government agencies, labor organizations, and employment agencies.

The California Fair Employment and Housing Act (FEHA)

In addition to the federal protections under the ADEA, employees in California are also protected by the California Fair Employment and Housing Act (FEHA). FEHA offers more expansive coverage than the ADEA, applying to employers with five or more employees. Under FEHA, it is unlawful for employers to:

• Discriminate against employees aged 40 and over in any aspect of employment, including hiring, promotions, compensation, and termination.
• Allow age-based harassment to occur in the workplace.
• Retaliate against employees for reporting or opposing age discrimination.

California’s robust protections under FEHA often provide employees with additional avenues for legal recourse compared to federal laws.

Proving Age Discrimination

To demonstrate that age discrimination has occurred, the following elements generally need to be established:

• You are 40 years of age or older.
• You were qualified for your position but were subjected to adverse employment action (such as being fired, demoted, or passed over for a promotion).
• Your age was a motivating factor in the employer’s decision.
• You suffered harm as a result of the discriminatory conduct.

Evidence of age discrimination can include direct statements, such as comments from supervisors regarding your age, as well as indirect evidence, such as a pattern of younger employees receiving preferential treatment.

How Our Firm Can Help

If you believe you have been the victim of age discrimination, you don’t have to navigate the legal process alone. A seasoned age discrimination lawyer at Polaris Law Group can:

• Review your case and determine if you have a valid age discrimination claim.
• Help you gather evidence, including witness statements, documentation, and performance reviews.
• Represent you in negotiations with your employer to seek a fair settlement.
• File a lawsuit on your behalf if necessary and advocate for your rights in court.

Age discrimination can have a significant impact on your career and emotional well-being, but you do not have to endure it in silence. Let our firm fight for you inside and outside the courtroom.

Call (888) 796-4010 or contact us online today to let us help you.