Fighting for Workplace Justice
Fighting for Workplace Justice
San Francisco Age Discrimination Lawyer
Any time you believe that discrimination in the workplace is present, you have rights under California law. At Brandon Banks Law, APC, we will fight for you every step of the way in your San Francisco age discrimination claim.
The frustration that you feel due to being discriminated against in the workplace due to your age is unfair and may leave you feeling frustrated or alone. Your age should never be the basis for an employer to not hire you or to treat you differently after you have received the job. Your age is a protected personal attribute according to California law.
If you have fallen victim to age discrimination in the San Francisco workplace, please contact us today to schedule an initial consultation with a San Francisco employment lawyer who will fight for you. You can also fill out our intake form to get started so that we can identify how to serve you during these difficult times.
Do I Need an Attorney for My Age Discrimination Claim?
Individuals who are dealing with a case of age discrimination have many rights and protections under California law. With these protections in place, you may wonder if you need the help of a pregnancy discrimination attorney. However, even though you are legally able to file a claim without an attorney on your side, it is not recommended in many cases.
Having an attorney on your side means that you will be able to expedite the process and ensure that your rights are being protected from start to finish in your claim. At Brandon Banks Law, we will help you gather evidence, interview witnesses who may have seen the acts of discrimination, and obtain any necessary documents. We will answer all questions that you have and meet deadlines in your case so that you do not miss out on any opportunities.
How is Age Discrimination in the Workplace Defined?
Age discrimination occurs in the San Francisco workplace when an applicant or employee of a job is treated less favorably than others because of his or her age. Under California law, age discrimination is prohibited during employment, hiring, firing, benefits, training, pay, and more. An individual can also never be harassed in the workplace due to their age by a supervisor, co-worker, or a client.
California and federal laws make it illegal for an employer to discriminate against an employee based on their age if they are 40 years of age or older. You may have experienced several types of age discrimination if you are over 40 years of age such as being demoted, fired, or rejected from a promotion.
Wrongful Termination Due to Age Discrimination
Age discrimination is not permitted in the workplace in San Francisco or anywhere else in California. You are considered as being in a protected class due to your age, according to laws enacted by the California Civil Rights Department. This means that you have options if you have been wrongfully terminated due to your age by an employer.
At Brandon Banks Law, we will fight to protect your rights under California law and ensure that you have necessary protections if you were wrongfully terminated from a job due to your age.
Holding an employer accountable for their adverse actions can ensure that you receive fair treatment and that these actions never happen again in the workplace.
If you have been wrongfully terminated from a job, it is crucial that you speak with us immediately about your next steps.
What Are Some Signs of Age Discrimination?
In some cases, you may not realize that you are being discriminated against due to your age because your employer or another party covers it up with jokes or excuses. However, if you were terminated, denied a promotion, or any other type of discriminatory act, you have options. Here are some signs that age discrimination could be present in your case:
- You were fired for being with the company for a long time.
- You, as an older worker, were forced to take on duties that younger parties were not.
- Others in the workplace make jokes about your age.
- Your job has been promoting only a young culture in the workplace.
- You were retaliated against when you reported age discrimination in the workplace.
Even though it is not illegal for an employer to ask you for your age when you fill out a job application, it is unlawful for them to reject you on the basis of being older than 40 years. You may wonder what options you have after you have been discriminated against due to your age.
Should I File an Age Discrimination Complaint?
You have the option to file a report of age discrimination with your supervisor or human resources department in your San Francisco workplace. Under California law, you may also have to file a complaint with either the Equal Employment Opportunity Commission (EEOC) or California Civil Rights Department (CRD). This is a requirement before you file a lawsuit against your employer.
Even when you have filed a complaint, you may not believe that you are being treated fairly. At Brandon Banks Law, we will know when it is time to file a lawsuit against your employer to help you achieve results. We will help you through this entire process, from filing your initial complaint to obtaining a right to sue notice and moving forward with the California lawsuit process. There are many complexities you may face in one of these claims, which is why you should speak with a lawyer immediately to receive a streamlined resolution.
State Protections Against Age Discrimination in California
Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws that make it illegal for employers to discriminate against an active job applicant or employee due to their race, religion, sex, and age.
Age Discrimination in Employment Act (ADEA): The ADEA forbids employment discriminate against anybody who is at least 40 years of age throughout the entire U.S. The bill was signed into law in 1967.
California Civil Rights Department (CRD): This department is responsible for enforcing California laws to make it illegal for employers to discriminate against certain protected classes, including those aged 40 and older.
California Fair Employment and Housing Act (FEHA): This act is used in California to protect employees from unlawful discrimination due to their age and many other factors such as color, religion, and sex.
How Much is an Age Discrimination Case Worth in San Francisco?
The circumstances of an age discrimination claim vary from individual to individual. This means that the compensation that you receive in your claim may be different from another person’s claim. At Brandon Banks Law, we will determine what damages may be available for you based on the evidence we gather and the overall strength of your claim. Some of the damages you may be eligible for include:
- Lost Wages: You may be eligible for back pay and front pay due to earnings that you should have made if you were not discriminated against or did not lose your job based on your age.
- Lost Benefits: You may have lost certain benefits due to being terminated or discriminated against due to your age. You may be able to receive the value of these benefits, such as healthcare coverage or 401k plans.
- Pain and Suffering: Pain and suffering can include mental suffering, anxiety, depression, and more that you feel based on the discrimination or wrongfully losing your job.
- Job Reinstatement: You may not be interested in returning to your job after experiencing job discrimination. However, if you choose to return, you may be granted job reinstatement to the same position that you once held.
- Punitive Damages: Punitive damages are meant to punish an employer and keep future employers from engaging in age discrimination. These damages are non-economic and are typically seen in cases involving discrimination in the workplace.
In California, you have two years from the time of the discrimination to file a claim under the state’s statute of limitations. It is crucial that you act quickly to obtain help from a skilled attorney who has handled age discrimination claims previously.
Contact a San Francisco Age Discrimination Lawyer Today
Nobody aged 40 or older should ever have to experience age discrimination in the workplace. It can be worrisome and challenging to face a workplace discrimination claim against an employer. At Brandon Banks Law, APC, we have extensive knowledge handling these claims and will stand by your side as we represent you every step of the way.
If you choose to move forward with a claim, please contact us as soon as possible for assistance. You can also take the time to fill out our employment intake form so that we can begin handling every aspect of your claim. You should never have to face a discrimination claim alone.
