The California Fair Employment and Housing Act (“FEHA”) makes it unlawful for a California employers to discriminate against an employee because he or she is over 40 years old.
An employee claiming age discrimination under California law must prove, by direct or circumstantial evidence, that their employer took an adverse employment action (e.g. refused to promote or terminated their employment) because of his or her age. Since direct evidence of the employer’s motivation for making the adverse employment action is seldom available, age discrimination is often proven through circumstantial evidence.
Typically, an inference of age discrimination arises when it is shown that: (1) at the time of the adverse employment action the employee was 40 years of age or older, (2) an adverse employment action was taken against the employee, (3) at the time of the adverse employment action the employee was satisfactorily performing his or her job, and (4) the employee was replaced by a significantly younger worker.
Unfortunately, many workers over 40 years old are subject to unlawful discrimination or harassment in the workplace because of their age. If your employer has treated you unfairly because of your age, we can help. Contact our office today and a Los Angeles employment lawyer will assess your individual situation and discuss the appropriate legal remedies.