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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.
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.
Age discrimination occurs in many forms, which include:
Under the Fair Employment and Housing Act, each of these actions is an illegal practice against an employee.
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.
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.
Under California’s statutory scheme, the following can bring a charge:
California law protects workers aged over 40 and gives them equal employment opportunities, free from harassment based on age.
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.
Independent contractors facing hostile environments on account of their age can thus file claims under the state’s harassment statutes.
Temporary workers have protection against discrimination in assignments as well as seeking permanent work.
Interns are within the ambit of California’s employment law, ensuring equal opportunities on no account of age.
Yes. The FEHA allows employees and applicants to file a lawsuit if discrimination occurred. Legal representation makes the possibility of success more likely.
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.
San Diego enforces these laws through agencies like the DFEH, which investigates claims and mediates disputes.
Workers 40 and older are covered under both FEHA and ADEA protections.
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.
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.
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