San Francisco Area Age Discrimination Lawyers Assisting Employees and Employers
Bay Area Employment Lawyers Rand L. Stephens and Richard Koss vigorously advocate for the rights of employers to make business decisions and for employees to be free from age discrimination in California. We have over 33 years of combined experience litigating employment discrimination of any kind in both state and federal courts.
What is Age Discrimination?
If you are over 40 years old and you have experienced harassment, rejection for a promotion, demotion, lower wages, denial of benefits, termination or layoffs, you may have been discriminated against because of your age. Bay Area Employment Lawyers Rand L. Stephens and Richard Koss work to fight against age discrimination where it is found or to defend employers who have been unfairly accused.
Age Discrimination in Employment Act
The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against workers 40 years and older. The ADEA was amended in 1991 by the Older Workers Benefit Protection Act. ADEA defines federal standards for employer-provided benefits and pensions and prohibits mandatory retirement based on age in most sectors. The ADEA only applies to employers of 15 or more employees and does not prevent an employer from favoring an older employee over a younger employee. Under the ADEA, employees can seek remedies such as back pay and reinstatement. If reinstatement is not possible, employees can be awarded damages. But if an employer has a valid arbitration agreement with its employees, arbitration is mandatory and no court action may be possible. Talk to a knowledgeable and experienced employment attorney if your case may involve an arbitration agreement.
Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) prohibits age discrimination in California employment. In California, it is a civil right to seek, obtain and keep a job without discrimination. The Department of Fair Employment and Housing enforces FEHA and can bring actions in court against an employer. A California employer with five or more employees is covered by FEHA, but in the case of employment harassment, an employer with one or more employees is subject to FEHA’s harassment prohibition. State and federal laws alike prohibit wrongful termination based on age as well as workplace retaliation for filing a complaint.
Age Discrimination is Against the Law!
If you have experienced age discrimination in California, we will advocate for your rights. Take action today and call or email Bay Area Employment Lawyers Rand L. Stephens and Richard Koss for a free consultation.