AGE DISCRIMINATION

 

WHO IS PROTECTED FROM AGE DISCRIMINATION?

California law prohibits employers from using an employee’s age - so long as the employee is 40 years-old or older - as a basis for employment decisions. Examples of age discrimination include:

  • Subtle or overtly ageist comments;
  • Limiting a job search to employees of a certain age; 
  • Replacing older workers with younger workers;
  • Not promoting or training older workers; and
  • Choosing older workers to be in included in a layoff. 

WHAT IF YOU are over 40 years-old and your employer OFFERs you A SEVERANCE AGREEMENT?

California law requires that before an employee 40 years or older signs a severance agreement, the employee has right to consult an attorney and has at least 21 days to consider the agreement before signing it. The employee also has 7 days after signing a severance agreement to revoke it.

WHAT ARE YOU ENTITLED TO RECOVER IN AN AGE DISCRIMINATION CASE?

  • All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct

  • Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress

  • Punitive damages to deter your employer from engaging in similar conduct in the future

 

Brock & Gonzales, LLP specializes in age discrimination cases.  If you feel you have been discriminated against on account of your age, contact us to set up a free consultation.

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