Experienced Representation for Employees Facing Age Discrimination in the Workplace
Being passed over for a promotion, suddenly being treated differently by management, losing important responsibilities, being excluded from meetings or opportunities, or being told the company is looking for someone “younger,” “more energetic,” or a “better cultural fit” can be concerning. So can being laid off while significantly younger employees are onboarded. While these situations may have legitimate explanations, they can also signal something more serious: age discrimination in the workplace.
California and federal law protect employees age 40 and older from unlawful age discrimination. If you believe your employer has treated you differently, pushed you out, denied you opportunities, or subjected you to harassment because of your age, Chami Law can help you understand your rights and evaluate your potential claim. Our team of employment attorneys represent employees in age discrimination matters involving hiring, promotions, compensation, performance evaluations, layoffs, termination, demotion, job assignments, harassment, and other adverse employment decisions.
What Is Age Discrimination?
Age discrimination occurs when an employer treats an employee or job applicant less favorably because of their age. Both the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act of 1967 (ADEA) protect individuals age 40 and older from discrimination in the workplace. Under these laws, a covered employer may not discriminate against an employee because of age with respect to the terms, conditions, or privileges of employment. These protections apply to many aspects of the workplace, including hiring, firing, layoffs, compensation, promotions, benefits, job assignments, training, and performance evaluations. The FEHA generally applies to California employers with five or more employees, while the ADEA generally applies to employers with 20 or more employees, including state and local governments. The ADEA also applies to certain employment agencies and labor organizations.
Both laws also provide protections against retaliation in certain circumstances, meaning an employer generally cannot retaliate against an employee for opposing unlawful age discrimination, filing an age discrimination charge, or participating in an investigation, proceeding, or litigation involving age discrimination.
If you believe your age may have played a role in how you were treated at work, Chami Law can evaluate the circumstances, determine which laws may apply, and help you understand your legal options.
Signs You May Be Experiencing Age Discrimination
Age discrimination is not always obvious. An employer doesn’t have to say, “We are letting you go because you are older,” for discrimination to occur. Instead, employers may provide seemingly legitimate explanations for their decisions, making it difficult for an employee to determine whether age actually played a role. Some potential warning signs include, but are not limited to:
Younger Employees Are Suddenly Replacing You
If an employer begins replacing older workers with substantially younger employees, particularly when this happens repeatedly, it may warrant further investigation. A single younger hire does not automatically establish discrimination, but a pattern of older employees being terminated, pushed out, or passed over while younger employees are retained or hired can be important evidence.
You Are Being Passed Over for Younger Employees
You may have years of experience, strong performance reviews, and qualifications for a position, yet repeatedly lose opportunities to younger or less-qualified employees. The circumstances surrounding those decisions matter. For example, it may be significant if the employer changes its stated qualifications, provides inconsistent explanations, or suddenly begins emphasizing characteristics associated with youth after years of valuing your experience.
Your Employer Starts Calling You “Too Expensive”
Cost-cutting can be legitimate. But compensation-based explanations can become problematic when they are used as a pretext to remove older employees and replace them with younger, less-expensive workers. Statements about employees being “too expensive,” “overpaid,” or having “too much tenure” may deserve closer examination when they coincide with layoffs, demotions, restructuring, or replacement by younger workers.
You Hear Comments About Your Age
Comments such as:
- “You have been here a long time.”
- “We need fresh blood.”
- “You are not keeping up with the younger employees.”
- “You are getting close to retirement.”
- “You should be thinking about retiring.”
- “We need someone younger.”
- “You have too much experience for this role.”
- “You might not be here much longer.”
- “We need more energy.”
- “The younger employees are the future.”
May be relevant evidence depending on who made the statement, when it was made, how often it occurred, and whether it was connected to an employment decision. Even when an individual comment does not independently establish unlawful discrimination, it can become significant when considered together with other evidence.
Your Performance Suddenly Becomes a Problem
Another potential warning sign is an abrupt change in how your employer evaluates your work. For example, an employee may receive years of positive reviews and then suddenly be labeled a poor performer shortly before being demoted, placed on a performance improvement plan, or terminated. A sudden change in performance assessments does not necessarily mean discrimination occurred. But if the change coincides with age-related comments, younger employees being treated more favorably, a restructuring, or an effort to push older employees out, the circumstances may warrant investigation.
You Are Excluded From Opportunities
Age discrimination can occur without an immediate termination. You may notice that you are increasingly excluded from:
- Important meetings
- High-profile projects
- Client opportunities
- Training
- Leadership opportunities
- Promotions
- New technology initiatives
- Business development opportunities
- Mentoring or advancement programs
If younger employees receive opportunities that older employees with similar or greater qualifications are consistently denied, that comparison may matter.
You Are Targeted During a Layoff or Restructuring
Reductions in force can raise complicated age discrimination issues. An employer may lawfully conduct a layoff for legitimate business reasons. However, a layoff may warrant closer examination when older workers are disproportionately selected, younger workers are retained despite similar qualifications, older employees are encouraged to retire, or the employer uses subjective criteria that appear to favor younger workers. The circumstances surrounding the selection process can be critical.
When Age Discrimination Becomes a Pattern
Retaliation for Complaining About Age Discrimination
Employees are also protected from retaliation for exercising certain rights under anti-discrimination laws. If you complain about age discrimination, participate in an investigation, provide information concerning discrimination, or otherwise engage in legally protected activity, an employer generally cannot retaliate against you because of that activity.
Retaliation can take many forms. For example, after making a complaint, an employee may suddenly experience:
- Increased scrutiny
- Unfavorable performance reviews
- Demotion
- Reduced responsibilities
- Loss of compensation
- Exclusion from meetings
- Schedule changes
- Discipline
- Threats
- Hostile treatment
- Termination
Timing can be important. If negative treatment begins shortly after you complain about discrimination, it may be retaliation. Contact us today and let our team investigate.
What If My Employer Says It Was a “Business Decision”?
Employers may make legitimate business decisions. They can restructure. They can eliminate positions. They can change compensation systems. They can hire and fire employees for legitimate reasons. But an employer cannot use a legitimate business reason to cover unlawful discrimination. For that reason, an age discrimination case often requires careful examination of the employer’s stated reason for its decision and the evidence surrounding that decision. An employer’s explanation may need to be considered alongside:
- The employee’s performance history;
- The employer’s treatment of similarly situated younger employees;
- Statements made by decision-makers;
- Changes in company policy;
- The timing of the decision;
- Replacement employees;
- Layoff selection criteria;
- Internal communications; and
- Evidence involving other employees.
The question is not simply what the employer says happened. The surrounding evidence can help determine whether age was a factor in the decision.
How Chami Law Can Help
Age discrimination cases can be complicated, and important evidence may be in your employer’s possession. At Chami Law, we can review what happened, look at your employment history and treatment at work, and help determine whether you may have a legal claim. We can review documents and communications related to your employment, including performance reviews, emails, messages, compensation, promotions, disciplinary actions, and other employment records. We can also look at how younger employees were treated in similar situations to determine whether you were treated differently because of your age. Most importantly, we can help you understand your rights and your options. If you believe you have been treated unfairly because of your age, Chami Law is here to help you evaluate what happened and determine the best way forward.
There Are Strict Deadlines
Age discrimination claims are subject to strict deadlines, and the applicable deadline can depend on the law, employer, claim, and circumstances involved. For example, federal age discrimination charges generally must be filed with the EEOC within a specified period after the discriminatory act. In California, the deadline for filing an employment discrimination complaint with the California Civil Rights Department is generally three years from the alleged discriminatory act. However, different rules can apply depending on the circumstances and claims, sometimes shortening the deadlines. Because missing a deadline can jeopardize your ability to pursue a claim, you should speak with our firm as soon as possible after experiencing suspected discrimination.
You Do Not Have to Figure It Out Alone
You may know that something changed at work, but you may not know whether what happened is legally actionable. You may be wondering:
- Was I really targeted because of my age?
- Why was I passed over for someone younger?
- Was my layoff actually part of a plan to remove older employees?
- Can my employer fire me after I complain?
- What if other employees experienced the same thing?
- What if the discrimination was never stated explicitly?
These are precisely the kinds of questions our team can investigate. At Chami Law, we represent employees who believe they have faced unlawful workplace discrimination and retaliation. We can evaluate the facts, identify potential legal claims, investigate evidence of a broader workplace pattern, and help you understand your options.
If you are age 40 or older and believe your employer has treated you differently because of your age, you should not ignore the warning signs. Whether you were terminated, passed over for a promotion, subjected to harassment, targeted in a layoff, denied opportunities, or treated differently from younger employees, the circumstances deserve careful consideration. Contact us for a free consultation to discuss what happened and learn whether you may have a potential claim.
