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Protect Your Rights with a California Age Discrimination Lawyer

Have you experienced age discrimination at work? Mistreating a job applicant or employee because of their age violates the law. While federal laws only apply to workers over the age of 40, California state and city laws protect all workers from age discrimination.

If you experience age discrimination in the workplace, a California age discrimination lawyer can help.

Contact an age discrimination lawyer to protect your rights today.

Know Your Rights: What is Age Discrimination?

Age discrimination means treating someone unfavorably because of their age. It can include refusing to hire an older job applicant or firing someone because of their age.

It is illegal for an employer to make employment decisions based on your age.

Employers cannot make employment decisions based on your age instead on your skills or how well you do your job. This includes decisions about hiring, firing, discipline, distribution of benefits, promotion, compensation, job training, or any other condition of employment.

Young people can also be the victims of age discrimination.

While the federal ADEA only applies to workers over the age of 40, California state and city laws apply to workers of all ages. Age discrimination can occur even if the perpetrator is over 40 or the same age as the victim.

If you have been the victim of illegal age discrimination, you have protections under federal, state, and California City laws.

California age discrimination laws cover non-employees.

The law does not just protect “employees.” After October 11, 2019, California State’s discrimination laws expanded to cover non-employees, such as domestic workers, independent contractors, consultants, vendors, subcontractors, and persons providing services under a contract, where employers knew or should have known the discrimination was happening.

Protect Your Rights with a California Discrimination Lawyer

Have you experienced gender discrimination at work? Mistreating a job applicant or employee because of their gender violates the law.

Protect Your Rights with a California Discrimination Lawyer

Have you experienced racial discrimination at work? Mistreating a job applicant or employee because of their race violates the law.

Employment laws protect workers from race discrimination and race-based workplace harassment. Racial discrimination lawyers help victims of discrimination protect their rights.

Contact California racial discrimination attorney if you’ve experienced discrimination. Charles Joseph has over twenty years of experience with workplace discrimination cases. His firm has recovered more than $140 million for clients.

Reach out today for a free, confidential consultation with an employment lawyer.

 

Discrimination affects millions of Americans every year. Federal, state, and local discrimination laws protect people from discrimination in housing, in the workplace, and in other settings.

Workplace retaliation can mean losing out on a promotion, receiving less pay, or even losing your job. But what is retaliation?

Wrongful termination laws protect your rights in the workplace. But what is wrongful termination? And how do you prove unlawful termination?

We’ve all heard horror stories about bad bosses and toxic coworkers. Backstabbing, spreading rumors, and harassment can make it impossible to get your job done.

Sexual harassment laws protect your rights in the workplace. But what is sexual harassment? And what constitutes sexual harassment in the workplace?

Historically, California courts viewed covenants as not competing with unlawful restraints of trade.  Eventually, California courts began to enforce ancillary restraints on competition, such as that incident to employment or partnership agreements, under the rule of reason. The rule of reason states that a limited restraint on competition is valid when the restraint is reasonable. A restraint is reasonable if it is necessary to protect an employer's legitimate interest.

Technically speaking, courts do not recognize a claim for "wrongful discharge," at least by that name. Broadly speaking, any discharge that violates a law, causes great harm, or is grossly unfair is "wrongful."  However, courts limit claims that employees can bring to court to very specific types of claims. The specific type of claim most closely associated with the common concept of a wrongful discharge is a claim for a termination that violates an established public policy.

Wrongful Discharge Terminations that Violate Public Policy

Wrongful discharge public policy claims grow out of contract law as an exception to the employment-at-will doctrine. If an employer terminates an at-will employee for reasons that jeopardize established public policy, courts in most states will let the employee bring a claim for the harm caused by the termination.

Although wrongful termination claims grow out of contract law, the claim itself is a creature of civil, or tort law.  Tort claims are judge-made claims, like negligence claims.  As a general rule, the remedy provided by a tort claim is greater than the remedy available for a breach of contract claim. For example, very few states allow money damages for the emotional pain and suffering resulting from a breach of contract. If a termination violates public policy, however, the injured party may recover compensatory damages for emotional pain and suffering and punitive damages, if the courts recognize the claim as a tort in that state.

Victims of sexual harassment in California can vindicate their right to be free from sexual harassment under California law by filing a charge or claim with the California Department of Human Rights, with the federal Equal Employment Opportunity Commission (EEOC), or by filing the suit in court. California sexual harassment victims can also pursue claims under Title VII of the federal Civil Rights Act of 1964

Unlawful employment discrimination means adverse treatment of employees motivated by the employees' age, sex, race, creed, religion, national origin, disability, veterans status, or other protected class status.  A protected class is one identified by law as deserving protection from employment or other forms of discrimination.

IN GREELEY V. MIAMI VALLEY MAINT. CONTRACTORS, 49 OHIO ST. 3D 228 (OHIO 1990), THE OHIO SUPREME COURT HELD THAT "[P]UBLIC POLICY WARRANTS AN EXCEPTION TO THE EMPLOYMENT-AT-WILL DOCTRINE WHEN AN EMPLOYEE IS DISCHARGED OR DISCIPLINED FOR A REASON WHICH IS PROHIBITED BY STATUTE."  AS A RESULT, AN EMPLOYEE DISCHARGED IN VIOLATION OF R.C. § 3113.213(D), WHICH PROHIBITS AN EMPLOYER FROM DISCHARGING OR DISCIPLINING AN EMPLOYEE BASED ON A WAGE WITHHOLDING ORDER BUT DOES NOT EXPRESSLY AUTHORIZE AN EMPLOYEE SUIT, WAS ALLOWED TO PURSUE A TORT CLAIM AS A RESULT OF HIS TERMINATION.  THE COURT HELD THAT THE LEGISLATURE COULD NOT HAVE INTENDED TO LEAVE AN EMPLOYEE DISCHARGED IN VIOLATION OF SUCH A STATUTE WITHOUT AN EFFECTIVE REMEDY.

THE GREELEY STANDARD

California law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name.  California is an at-will state, which means that an employer may fire, demote, hire, promote and discipline employees for any reason, or no reason at all unless it is an unlawful reason.

The Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, national origin, religion, and sex. The Age Discrimination in Employment Act (1967) extended the prohibition against discrimination to age. In the years since, many states and the federal government barred discrimination based on disability, pregnancy, citizenship, genetic information, and status as a veteran. The characteristic protected by anti-discrimination law, like sex, age, race, and veterans' status, is known as “protected classifications.” People who share those characteristics are in a “protected class.”

Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family caregiver as a protected class, several laws protect people with family responsibilities from discrimination, discharge, harassment, and retaliation.

Laws protecting Family CareGivers

How to Become a Sexual harassment lawyer

How to Obtain a Sexual harassment lawyer