San Diego Age Discrimination Lawyer

CONFIDENTIAL & FREE CONSULTATION

CALIFORNIASAN DIEGO AGE DISCRIMINATION LAWYER

It is difficult to deal with unfair treatment in the workplace based on age. Mara Law provides skilled legal representation as your San Diego age discrimination lawyer, ensuring that your California law and federal statute rights are protected.

Expert Legal Representation for Age Discrimination in San Diego

Age discrimination involves the unfair treatment of employees or applicants who are 40 years of age or older. It is illegal under the federal Age Discrimination in Employment Act and California’s Fair Employment and Housing Act. Our lawyers will be of assistance to the client in navigating the complex laws involved in assuring justice for all. FEHA of California extends the protection quite strongly and covers employers employing five or more employees.

Examples of Age Discrimination in California

Age discrimination occurs in many forms, which include:

  • Denying promotions or opportunities when qualified
  • Unwarranted performance criticism or excessive scrutiny of the work performance of older employees
  • Downsizing or layoffs in which older workers are the primary targets
  • Advertising for employees using coded phrases, such as “recent graduates” or “energetic people.”

Under the Fair Employment and Housing Act, each of these actions is an illegal practice against an employee.

Why Do I Need an Age Discrimination Attorney?

Skilled legal expertise is needed to navigate the complexities of an age discrimination claim. Employers will often have significant resources to challenge allegations, making professional representation a necessity. An experienced lawyer provides critical help by not only guiding one through the complex legal process and ensuring that all filing deadlines are met to avoid dismissals on technical grounds but also in collecting and presenting crucial evidence, such as internal communications, performance reviews, and witness statements, that show discriminatory practices.

How the Age Discrimination Claim Process Works

An age discrimination claim involves several crucial steps that have to be initiated for the process to take effect. First, there needs to be a filing of a complaint with the DFEH. Such a filing starts an investigation of a claim and also puts into existence an official record of the claimed discrimination. The second event is that, normally, the DFEH will investigate and mediate to attempt to settle the dispute between the parties without going to court. The sessions in mediation provide the chance for a fair settlement. If mediation fails, it is followed by filing in court. This includes filing of a lawsuit and presentation in court, where evidence and arguments can be put before the judge or jury. Each step of the process has a guiding role concerning claims of workplace discrimination in California so that the claim moves in the right and most efficient direction.

Who Can File an Age Discrimination Complaint in San Diego?

Under California’s statutory scheme, the following can bring a charge:

Age Discrimination Protections for Employees

California law protects workers aged over 40 and gives them equal employment opportunities, free from harassment based on age.

Filing Claims as a Job Candidate in California

Applicants who get rejected because of age can also file charges. The employers shall not have any discretionary age requirement unless there is a legal exemption for that particular job.

Rights of Independent Contractors Against Workplace Harassment

Independent contractors facing hostile environments on account of their age can thus file claims under the state’s harassment statutes.

Temporary Workers and Age Discrimination Complaints

Temporary workers have protection against discrimination in assignments as well as seeking permanent work.

Protections for Interns in California Workplaces

Interns are within the ambit of California’s employment law, ensuring equal opportunities on no account of age.

Common Questions About Age Discrimination in San Diego

Can I Sue for Age Discrimination in San Diego?

Yes. The FEHA allows employees and applicants to file a lawsuit if discrimination occurred. Legal representation makes the possibility of success more likely.

What Laws Protect Older Workers in California?

Older workers are protected by California’s FEHA and the federal ADEA. FEHA offers broader coverage to smaller employers, whereas the ADEA targets employers with more than 20 employees.

How Does San Diego Enforce Age Discrimination Laws?

San Diego enforces these laws through agencies like the DFEH, which investigates claims and mediates disputes.

What Age Qualifies for Discrimination Protection in California?

Workers 40 and older are covered under both FEHA and ADEA protections.

Contact A San Diego, CA, Age Discrimination Lawyer Today

California Employment Law Attorney David Mara

 

At Mara Law, our lawyers have years of experience with all types of personal injury cases. Call us today at 1-619-923-0405 or visit our office at 2650 Camino Del Rio N, Suite 302, San Diego, CA 92108, to set up your consultation. Let’s fight for the justice you deserve.

 

Practice Areas We Manage in San Diego:

FREE CASE REVIEWRequest Consultation

Fill out the form 24/7 and our legal team will immediately reach out to you about your situation

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I f...

    Mara Law Firm ClientSan Francisco

  • He represented me and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. Sh...

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and his associates to my friends, family, and others needing an attorney who specializes in ...

    Sally A ChandSan Francisco

  • Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly re...

    DebSan Francisco

  • Dave Mara comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight (I was the victim of...

    Linda DSan Francisco

View All Testimonials

Request your confidential & free case consultation

If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.

all fields are required*