Age Discrimination Lawyer in San Francisco
You’ve dedicated years to building your career and contributing to your company’s success. Yet, you find yourself being overlooked for promotions, hearing casual remarks about your age or even facing termination in favor of younger, less experienced colleagues. This experience is not only deeply unfair and demoralizing, but it is also illegal. Age discrimination is a pervasive issue in the modern workplace. Despite laws designed to protect experienced employees, many find their careers stalled or cut short simply because of their age. If you feel you’re being pushed aside, know that you are not alone, and you have rights. The Law Offices of Alan F. Cohen helps employees take action when they’ve encountered discrimination at work.
Your Legal Protections Against Age Discrimination
Both federal and state laws provide a strong shield against age-based discrimination in the workplace. It’s crucial to understand these protections.
Federal Law: The ADEA
The Age Discrimination in Employment Act (ADEA) is a federal law designed to safeguard job applicants and employees aged 40 and older from workplace discrimination. This law applies to private employers with 20 or more employees. The ADEA makes age-based discrimination illegal on any level of employment, including hiring, firing, pay, job assignments, promotions and benefits.
California Law: The FEHA
In California, the Fair Employment and Housing Act (FEHA) offers even broader protections. FEHA also protects employees aged 40 and older but applies to employers with just five or more employees. This means that many smaller businesses in California are also held accountable for preventing age discrimination.
How Age Discrimination Manifests in the Workplace
Age discrimination is not always obvious. While some forms are blatant, others are subtle and disguised, making them harder to identify.
Overt discrimination might include direct comments about an employee being “too old” for a task, or a company explicitly seeking “young, energetic” candidates in job postings.
More often, discrimination is disguised. This can look like:
- Hiring: Consistently hiring younger, less-qualified applicants over older, more experienced candidates.
- Promotions: Repeatedly passing over a qualified older employee for promotions that are given to younger colleagues.
- Layoffs and Firing: Targeting older employees during company “restructuring” or layoffs, while retaining younger staff in similar roles.
- Unfair Discipline: Subjecting older workers to unfair criticism or disciplinary action to create a false paper trail justifying termination or demotion.
If you recognize these patterns in your workplace, you may have been subjected to age discrimination.
What to Do if You Suspect Age Discrimination
Feeling targeted at work is stressful and isolating, but taking action is the first step toward reclaiming your dignity and professional standing. If you believe you are facing age discrimination, it’s important to act methodically.
- Document Everything: Keep a detailed, private log of all incidents. Note the date, time, location, what was said or done and who was present. Save any relevant emails, performance reviews or other documents that could serve as evidence.
- Review Company Policy: Familiarize yourself with your employer’s internal policies on discrimination and reporting procedures.
- Report Internally: If you feel comfortable, report the issue to your manager or Human Resources department, following the company’s established protocol. Prepare your report in writing and retain a copy for your records.
- Seek Legal Counsel: An important step is to consult with an employment law attorney. An attorney can evaluate the strength of your case and guide you through the process of filing a formal complaint with the appropriate agency, such as the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH).
You Don’t Have to Face This Alone
Your experience, wisdom and dedication are assets, not liabilities. Facing age discrimination can take a significant emotional and financial toll, but you do not have to endure it in silence. The law is on your side, and with the right legal guidance, you can address the matter. At the Law Offices of Alan Cohen, we fight for the rights of employees across California. We understand the injustice you’re facing and work hard to help you uncover potential legal solutions that safeguard your rights. Contact us now for a case evaluation.
