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San Francisco Age Discrimination Attorneys

Discrimination based on certain protected characteristics and conduct is unlawful and should not be tolerated in the workplace.

If you are an employee over the age of 40, the law protects you from age-based employment discrimination. California laws protect older employees, as does the federal Age Discrimination in Employment Act of 1967 (ADEA). The Older Workers Benefit Protection Act (OWBPA) amended the ADEA in 1990 and offers even more protection for older workers.

Despite state and federal statutes prohibiting age discrimination, it is nonetheless prevalent in the Bay Area. Employers often look for excuses to terminate older employees so they can replace them with younger, less expensive workers. Sometimes ageism is subtle; suddenly, you may find yourself with fewer reports, a smaller territory, or lower-profile projects. At other times, discrimination may be blatant; you may start receiving negative evaluations that lack substantiation. But regardless of the overt behavior, if the underlying reason for the adverse employment action taken against you is your age, your employer has broken the law.

Age discrimination against employees over age 40 is one of the most pervasive types of discrimination, and its effects can be career-ending for many older workers. It impacts the victim’s future livelihood and career and can have substantial emotional and mental impacts as well.

Age discrimination can affect many aspects of the work environment. Employment actions related to salary or wages, benefits, training, discipline, and task assignments may be unlawful if they are based on an employee’s age.

If you believe that your age has adversely impacted your employment, it’s time to talk to an experienced San Francisco age discrimination lawyer about your rights.

Employees Over 40 are Protected from Age Discrimination

The Fair Employment and Housing Act (FEHA) in California protects employees aged 40 and over from workplace discrimination. The following are some examples of age-based employment discrimination:

  • Pressuring an older employee to retire by constantly asking when he or she plans to do so
  • Forcing an older employee to retire
  • Cutting older employees with the highest salaries before younger employees
  • Promoting a younger person rather than an older worker
  • Making comments about wanting “fresh faces” or “youthful energy” in the office
  • Refusing to hire a qualified employee based on his or her age
  • The boss consistently socializing with younger workers or giving them the best job opportunities, or otherwise displaying a preference against older employees
  • Not permitting an older employee to learn new skills or attend training

In addition, the law prohibits employers and employment agencies from making employment decisions based on age, and discrimination in internship opportunities and apprenticeship programs is also illegal. 

Hiring Decisions and Wrongful Termination Based on Age

Hiring and firing decisions are often impacted by unlawful age bias. Refusing to hire someone who is perceived as “too old” is a frequent occurrence in today’s workforce. Older workers who may have more than enough experience and who have collected a wealth of knowledge throughout their careers may find themselves up against unjustified stereotypes.  For example, some employers wrongly assume that an older worker may be too difficult to train or may not understand modern technology.  No matter what the perception might be, judging someone’s ability to do the job based on their age is in violation of the law. Being fired or laid off because you are perceived as “too old” is also illegal, and your employment is protected under the FEHA.

Speak with a San Francisco Age Discrimination Lawyer

If you suspect you are facing age discrimination and need someone to help advocate for your rights, look no further than the Law Office of Jeannette A. Vaccaro. The firm works with individuals in the San Francisco Bay Area and throughout California to help them obtain the justice and compensation they deserve. A complimentary consultation with us is your first step in taking back your rights and fighting against age or other types of discrimination. Contact us today to learn more.

Think You May
Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

Think You May Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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