Brandon Banks Law, APC helps people in San Francisco when they’re being harassed or discriminated against at work. Many workers in San Francisco dedicate years to their jobs, only to be passed over for promotions or let go to cut costs. If you’ve been harassed, unfairly fired, demoted, or laid off because of your age, the impact can be devastating–not just financially, but also personally. Contact us today for a free consultation to talk about your options.
Should You Get a Lawyer?
You’re not required to get a lawyer if you’re experiencing age harassment at your job, but having our team on your side can be very helpful in this situation. Not only do you have to deal with the responsibilities that come with your job, but when you’re also being subjected to a hostile work environment, it can be overwhelming. That’s why our firm is here to help. We can:
- Explain your rights and outline your legal options.
- Gather key evidence, such as emails, text messages, and work records.
- Talk with your employer and their insurance to see if they’ll fix the issue.
- File a formal claim or lawsuit if your employer decides not to act.
We’ll guide you every step of the way, making sure your employer is held accountable and that you receive the fair treatment you’re provided under the law.
What Legal Options Do I Have For Age Harassment?
The first thing you need to know about age harassment in the workplace is that California law is on your side. You have certain options once you experience harassment and further unfair treatment. Here’s what you can do:
- File a Complaint with the California Civil Rights Department (CRD) – This is always the first step in the process. You have to first file a complaint with the California Civil Rights Department (CRD) relating to your harassment. The CRD investigates workplace harassment discrimination claims and can take action against your employer if they find wrongdoing. They’ll also issue a “right to sue” letter, which will allow you to file a lawsuit if you want to go further.
- File a Complaint with the Equal Employment Opportunity Commission (EEOC) – This federal agency enforces anti-discrimination and harassment laws on a federal level. If they find evidence of harassment, they may order your employer to take action or give you a right-to-sue letter. If you work for the federal government, the EEOC is the one that will handle your claim.
- File a lawsuit – If your employer refuses to address the harassment, a lawsuit may be the best way to hold them accountable. Through a lawsuit, you’re making a claim for “damages, which means you may be able to recover:
- Lost wages (past and future)
- Financial support for your emotional distress
- Costs relating to any humiliation or loss of dignity
- Job reinstatement, if applicable
Importantly, time limits apply to these claims–you generally have one year to file with the CRD or EEOC and two years to file a lawsuit. If you’re unsure whether what you’re experiencing qualifies as illegal age harassment, we can help you evaluate your situation and take the right steps. But there’s also steps that you’ll need to take.
How Can You Strengthen Your Age Harassment Claim?
Unfortunately, just having the right to file a claim–even for something as seemingly blatant as age harassment–is going to require putting together a strong claim. In order to do that, you need to take certain steps that will strengthen your claim:
- Document everything about the harassment – Keep records of any inappropriate comments about your age, discriminatory actions, emails, performance reviews, or meeting notes. If you face retaliation after speaking up, document that too.
- Report the harassment to your employer – Tell your HR department, manager, or employer in writing about the harassment. This puts them on notice and gives them a chance to correct the issue. If they ignore your complaint, it strengthens your claim.
- Keep track of responses – If your employer fails to act or makes excuses, save any communication showing their inaction. This can be critical evidence later.
In some cases, taking these steps may be enough to resolve the issue. However, many employers won’t admit to wrongdoing—especially when it comes to age harassment or discrimination. That’s why it’s crucial to understand how the law protects you.
How Do I Know If I’m Facing Age Harassment at Work?
One of the biggest challenges with age harassment at work is recognizing when it crosses the line into illegal behavior. Not all unfair treatment is against the law, but two key factors indicate that what you’re experiencing may be unlawful:
- You are legally protected under California’s employment laws–meaning you are over 40 years old.
- Your employer has violated your rights through harassment or discriminatory treatment.
Both California and federal law protect workers from age-based discrimination under the Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA).
These laws outlaw harassment and unfair treatment based on age, and usually includes things like:
- Offensive remarks or jokes about your age
- Being teased for being “too old” or “outdated” at work
- Facing intimidation or pressure to retire early
- Being excluded from training, promotions, or key projects due to your age
- Sudden negative performance reviews or unrealistic expectations targeting older employees
If you’re experiencing any of these issues, you may have a strong case—but proving age harassment can be complex. These claims often overlap with wrongful termination, retaliation, or unfair workplace policies. That’s why it’s important to work with a legal team that understands the challenges and can advocate for you.
Contact Brandon Banks Law If You’re Experiencing Age Harassment at Work in San Francisco
At Brandon Banks Law, we fight for employees in San Francisco who have been harassed or discriminated against because of their age. California law protects you from this kind of mistreatment, and employers must be held accountable when they break the law.
If you’ve been denied opportunities, pressured to leave, or subjected to unfair treatment due to your age, contact us for a free consultation.
