San Francisco Age Discrimination Attorney

The San Francisco age discrimination attorneys at Minnis & Smallets represent employees who have been subjected to discrimination at work.

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against applicants and employees who are 40 years of age or older because of age. As a result, when an employer treats an employee differently because of his or her age, then the wronged party can file a claim for damages. If you were terminated from employment, or not hired, or were otherwise subjected to an adverse employment action because of your age, it is important to speak with an experienced San Francisco age discrimination attorney who can explain your legal options.

Age Discrimination

The Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees from treating applicants or employees who are 40 years of age or older unfavorably because of age. Like federal laws prohibiting discrimination based on race, gender, and religion, the ADEA bars discrimination based on age in any aspect of employment, which includes not only hiring and firing but also job assignments and promotions. In addition, an employment practice or policy that applies to everyone may still be unlawful, if it is not based on a legitimate business reason other than age and disproportionately or negatively impacts older employees.

Advertisements and Job Notices

When it comes to advertising and recruiting, employers cannot include age-related preferences, specifications, or limitations in job notices. The only time that an advertisement can specify an age limit is when the employer can prove that age is a bona fide occupational qualification that relates to an essential job duty and is reasonably necessary to the normal operation of the company.

Benefits

In 1990, Congress amended the ADEA to specifically prohibit employers from denying benefits to employees who are over 40 years of age, even though the cost of providing benefits to older employees is often greater than the cost of providing the same benefits to younger employees. In certain situations, however, an employer can reduce certain benefits based on age, but only if the cost the employer incurs to provide those benefits to older workers is no less than the cost that would be incurred to provide the same benefits to younger employees.

Examples of Harassment

Harassment based on age can take a number of different forms, including offensive or derogatory remarks about someone’s age. While these comments may be indicative of age discrimination. simple teasing, isolated incidents, or offhand comments that are not serious do not always rise to the level of harassment under the law. Instead, courts focus on cases where harassment has become so frequent or severe that it:

Creates a hostile work environment; or
Results in an adverse employment decision.

Under federal law, this type of conduct is unlawful regardless of whether the alleged harasser is a person’s supervisor, a co-worker, or a third-party vendor or client.

Call Our San Francisco Age Discrimination Lawyers Today

To speak with an experienced San Francisco age discrimination attorney about your own case, please call Minnis & Smallets, LLP at 415-551-0885 or complete one of our brief online contact forms.

FAQs About Age Discrimination in California

Does age discrimination apply to all aspects of employment?

Discrimination in any aspect of employment, whether it’s hiring, firing, compensation or job assignments, is strictly prohibited by law. It also covers promotions, layoffs, training, benefits and any other term or condition of employment.

Are older workers protected from retaliation?

Employers are prohibited by the law to retaliate against an employee for opposing age discrimination, filing a discrimination complaint or participating in a related investigation. Retaliation includes any adverse action, such as termination, demotion or a pay cut.

What is "constructive discharge"?

Constructive discharge happens when an employer creates such unbearable working conditions that any reasonable individual in the employee’s position would feel forced to resign. If the intolerable conditions are a result of age discrimination, the resignation may be treated as a wrongful termination.

Are comments about an employee's age considered harassment?

Offensive or derogatory comments about an employee’s age can constitute unlawful age-based harassment. When such comments are so frequent or severe that they create a hostile or abusive work environment, the employer may be held liable.

What initial steps should an employee take if they face age discrimination?

An employee who believes they have been subjected to age discrimination should first document every incident, including dates, times and any witnesses. It is also important to review the company’s internal policies for reporting discrimination and consider filing a formal complaint with human resources.