It has been over half a century since the federal government enacted legislation to protect employees and employment candidates from age-based and race-based discrimination. Although state and federal anti-discrimination laws provide robust protections and remedies for victims of biased treatment in the workplace, employment discrimination is still prevalent.
So, what happens when you are the target of unlawful job discrimination because of your age and your race? You have a right to financial compensation and other legal remedies. And at King & Siegel LLP, our top-rated employment law attorneys have the passion and experience to help you recover everything that you deserve from a discriminatory employer.
Facts About Age Discrimination Among African American Workers
The age of the workforce in America is changing across racial groups. The U.S. Equal Employment Opportunity Commission (EEOC) reports that in 1971, 8% of the working population between ages 55 and 64 was African American, and in 2017, that figure increased to 10%.
While demographics are changing, some attitudes among employers have not caught up with the times or what is right. Discriminatory attitudes hurt us all as they unfairly exclude qualified and capable individuals from the workforce and deprive working communities of the benefits of age and racial diversity.
The EEOC notes that compared to 61% of Latino people and 59% of White people, 77% of African American people report experiencing age discrimination or knowing a victim of age discrimination. And out of 61,331 discrimination charges filed with the EEOC in 2021, almost 25,000 were race-based or color-based, and nearly 13,000 were age-based. If you find yourself among these victims, speak to our age discrimination attorneys immediately about your legal options.
Your Legal Rights Against Age-Based and Race-Based Discrimination
If you work in the State of California, there are three main laws that protect you against age and racial discrimination. These are:
- The Civil Rights Act of 1964,
- The Age Discrimination in Employment Act of 1967, and
- The California Fair Employment and Housing Act.
These laws prohibit discrimination against employees of any race or color and employees who are 40 years or older. Victims of discrimination can hold unethical employers accountable by filing legal complaints with the government or lawsuits in court.
Filing a Race or Age Discrimination Claim
You can take a number of legal avenues to seek justice against a discriminatory employer. If your employer has at least 15 employees (or 20 for age matters), you can file a federal discrimination charge with the EEOC. If your employer has at least five employees, you can file a state discrimination charge with the California Department of Fair Employment and Housing (DFEH). And you can file a workplace harassment complaint with the DFEH even if your employer has only one employee. You can also file an age discrimination lawsuit in state or federal court as long as the EEOC or DFEH gives you notice that you have the right to file suit (through a “right to sue” letter).
Successful age and race discrimination claimants can win various remedies, including:
- Economic damages to pay for any related financial losses (e.g., lost wages, medical costs, and other out-of-pocket expenses),
- Noneconomic damages to compensate a claimant for emotional harm,
- Punitive damages to punish an employer whose misconduct is particularly egregious,
- Job reinstatement or promotion,
- Placement in a job denied to a claimant,
- Policy changes at work, and
- Legal fees and costs.
If you want to recover from a biased employer, you need to file an EEOC claim within 180 days or a DFEH complaint within three years. To help ensure you receive maximum relief in a timely manner, you should hire an experienced lawyer right away.
Our Attorneys at King & Siegel Can Help Protect You
At King & Siegel, we are award-winning attorneys who stand up for the rights of mistreated employees in Los Angeles, the San Francisco Bay area, and Sacramento. We are passionate about defending workers against discrimination and have the experience and training to maximize each client’s recovery. Our attorneys received their education at top-five law schools and training at some of the nation’s biggest and best law firms. We believe each employee should receive the same superior level of aggressive and thoughtful representation that big companies and employers receive.
If you are in the middle of an employment dispute, speak to us. We pay close attention to the unique details of each client’s case to develop legal strategies that are best for their circumstances and needs. And you don’t pay us unless we win. We are here to help. Reach out to us for a free and confidential consultation.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.