San Jose Age Discrimination Lawyer
Age discrimination is an unfortunate reality in the workplace, affecting individuals of all backgrounds and professions. 15% of the discrimination charges the federal government received from California workers in 2022 were based on age. Further, 26% of the discrimination complaints filed in 2020 with the California Department of Fair Employment and Housing (DFEH) were based on age. These statistics show that, despite the wealth of knowledge and experience older workers bring to the workplace, age discrimination is common.
If you believe you have been a victim of age discrimination in San Jose, California, it’s crucial to understand your rights and legal options. The experienced San Jose age discrimination lawyers at King & Siegel LLP can help you protect your rights and navigate the complicated landscape of an age discrimination claim in California.
What Is Age Discrimination in California?
Age discrimination occurs when an employee who is 40 years or older is treated unfairly or unfavorably based on age. In California, both federal and state laws protect workers from age discrimination. Typically, you must exhaust administrative remedies before filing a lawsuit against your employer. This means you must first file a federal age discrimination claim with the Equal Employment Opportunity Commission (EEOC) or a state claim with the California Civil Rights Department (CRD).
It is important to note that it’s often easier to prove an age discrimination case under California rather than federal law. In California, an employee must only show that age was a “substantial motivating factor” in an employment decision. Under federal law, an employee must show that the employer made a decision because of the employee’s age, absent other causes. This is often significant in age discrimination cases because employers often claim they eliminated the older employees’ role(s) because they are highly compensated–a factor that often correlates with age, but provides the cover of cost savings.
You also have the option to file a San Jose age discrimination lawsuit against your employer. But, as mentioned above, you must file a complaint with the CRD or EEOC first. Once you receive a “right to sue” notice from the CRD or EEOC, you can file a lawsuit in civil court. A knowledgeable age discrimination lawyer will be able to walk you through the appropriate administrative and legal steps for your age discrimination claim.
Examples of Age Discrimination
Age discrimination often is motivated by stereotypes about older workers, concerns about healthcare costs, or the desire to hire younger employees at lower salaries. Some examples of age discrimination include:
- Encouraging older workers to retire,
- Hiring younger applicants over older applicants,
- Refusing to hire or promote older workers,
- Firing employees based on their age,
- Making comments or jokes about an employee’s age,
- Encouraging employees to retire or repeated inquiries about retirement,
- Targeting older workers in layoffs and staff reductions, and
- Offering fewer training and development opportunities to older employees.
This list is not exhaustive. So, if you believe you have been discriminated against in the workplace based on your age, consult with a lawyer to determine if you have a case.
Legal Challenges Faced by Employees
Employees who believe they have suffered age discrimination often face several legal challenges when pursuing a claim.
- Proving discrimination. One of the primary challenges is providing evidence that age was a determining factor in adverse employment actions. Discrimination can be subtle and challenging to prove, making it essential to document instances and gather witnesses to discriminatory conduct. A skilled attorney will explore all the types of evidence that are legally relevant to present the strongest possible claim.
- Statute of limitations. Employees have a limited window to file an age discrimination claim. It’s vital to act promptly because waiting too long may result in the loss of legal remedies.
- Retaliation. Employees who report age discrimination may face retaliation from their employer, such as being fired or demoted. State and federal law protect you from retaliation. However, it is critical that you document your complaint of discrimination, as it makes it much easier to prove retaliation. An employment attorney can help you document your complaint appropriately.
- Employer defenses. Employers may attempt to justify their actions by claiming legitimate reasons for their decisions. Employees must show that the employer’s stated reasons are “pretextual,” or false.
A knowledgeable San Jose age discrimination attorney can help you navigate these challenges. It is essential that you hire an attorney with strong knowledge of the law and experience litigating age discrimination claims.
What Can a San Jose Age Discrimination Lawyer Do for You?
The San Jose age discrimination lawyers at King & Siegel are a valuable ally when dealing with age discrimination at work. Here’s how we can help you:
- Legal expertise. Age discrimination laws in California can be complex. Our experienced lawyers understand the intricacies of these laws and can help you navigate them effectively.
- Case evaluation. Our attorneys will evaluate the merits of your case and help you determine if you have a strong claim. We can advise you on the best course of action.
- Evidence gathering. We have the resources and experience to collect and preserve evidence, including witness statements, documents, and other crucial information to strengthen your case.
- Negotiation and mediation. Our lawyers can negotiate with your employer to seek a resolution outside of court. This can often lead to a favorable outcome without a lengthy legal battle.
- Litigation. If necessary, we represent you in court, presenting your case to a judge and jury to secure the compensation and justice you deserve.
- Maximizing compensation. Our lawyers will work tirelessly to secure adequate compensation for damages, such as lost wages, emotional distress, punitive damages, and attorney’s fees.
If you are searching for an age discrimination lawyer in San Jose, please get in touch with our office today.
Contact a San Jose Age Discrimination Lawyer Today
Age discrimination is a serious issue that can profoundly impact your career trajectory. If you believe you have experienced age discrimination in San Jose, California, it’s essential to consult with a skilled age discrimination lawyer who can guide you through the legal process and help you seek justice. King & Siegel LLP is a California law firm with a wealth of employment law experience. The age discrimination lawyers at King & Siegel LLP are here to help you successfully navigate the challenges of an age discrimination claim. We can help to hold your employer accountable for their discriminatory actions. Contact us today for an initial consultation.