Los Angeles Age Discrimination Lawyers

Facing Age-Related Discrimination at Work? We Can Help

Workplace age discrimination is a serious violation of your rights as an employee, and one that Los Angeles workers over the age of 40 face more often than many people realize. Whether you have been passed over for a promotion, pushed out of your position, or treated differently because of your age, you may have grounds for a legal claim against your employer.

At Nosrati Law, we exclusively represent employees in employment-related claims throughout the Greater Los Angeles area, including age discrimination cases, and we have the experience, credentials, and results to back it up. If you were harmed by discrimination at work due to your age, we can help you pursue fair compensation.

Workers in Los Angeles turn to our firm for legal help because we have:

• 40+ years of combined experience handling employment law claims exclusively for employees in California.
• A record of significant recoveries, including multi-million-dollar settlements and verdicts.
• Award-winning attorneys who have been named among the Top 100 Employment Lawyers in the state.
• Exclusive employee-side representation, meaning we never represent employers or corporations.

See Our Results

If you have been discriminated against at work because of your age, contact Nosrati Law at (323) 784-0643 for a free consultation. You won't pay unless we win your case, so you have nothing to lose by giving us a call.

What is Age Discrimination in the Workplace?

Age discrimination occurs when an employer treats an employee or job applicant less favorably because of their age. Under both California and federal law, this protection applies specifically to workers who are 40 or older. 

Age discrimination does not have to be blatant to be unlawful, either. It can be subtle, systematic, or disguised as a business decision. What matters is whether your age was a motivating factor in the way your employer treated you.

If any of the following situations sound familiar, you may be a victim of age discrimination:

• You were terminated, and your position was filled by a significantly younger, less experienced employee.
• A promotion was given to a younger colleague despite having more qualifications or tenure.
• Your employer began reassigning your duties to younger workers without a legitimate business reason.
• You were subjected to repeated age-related comments, jokes, or remarks by supervisors or coworkers.
• Your hours, pay, or benefits were reduced around the time you reached or approached a certain age.
• You were pressured or coerced into accepting an early retirement package you did not want.
• You were excluded from meetings, training opportunities, or projects that younger employees were included in.
• Your employer implemented a layoff or reduction in force that disproportionately impacted employees over 40.

Four Main Types of Age Discrimination

The four main types of age discrimination that people over 40 often face in the workplace include:

Limited Career Advancement

An older worker may be told that management positions are reserved for younger workers or that more responsibility will be given to those who are "digital natives." This may also include being passed over for a promotion because of one's age. In addition, employers may decide to eliminate certain positions, usually jobs in high demand. However, it is illegal when the positions are eliminated and replaced with new jobs that require substantially younger workers.

Compensation Management

Employers may attempt to cut older workers' salaries because it is assumed they are on the verge of retirement, which will relieve the employer of paying them a salary. If an older individual and a younger individual are hired at the same time to perform the same duties, but the older person is paid less, it is illegal.

Disparate Treatment of Older Workers

Employers may treat older workers differently based on their age, especially if they are 40 years old or above. This may include changing the worker's duties, cutting their hours, or giving them poor performance reviews to set the stage for an age-motivated termination.

Forced Retirement

Employers have the right to implement a voluntary retirement program. However, if an employer decides to terminate employees because they are close to reaching the age of retirement or older, it is a violation of the ADEA.

Direct vs. Indirect Age Discrimination

Age discrimination generally falls into one of two categories: direct and indirect discrimination.

Direct Discrimination

Direct discrimination occurs when an employer treats an employee or job applicant less favorably because of their age in an open and explicit way. A clear example is when a manager tells an older employee they are being replaced because the company wants to bring in "younger energy," or when a job posting specifies that only candidates within a certain age range will be considered. In these cases, the discriminatory intent is likely evident.

Indirect Discrimination

Indirect discrimination occurs when an employer applies a workplace policy or practice that appears neutral on its surface but disproportionately disadvantages employees who are 40 or older. For example, a company-wide policy requiring all employees to complete an intensive physical training program as a condition of continued employment may seem to apply equally to everyone, but in practice may be designed or used to push out older workers. 

Indirect discrimination can be harder to identify, but it is no less unlawful than direct discrimination.

Laws Prohibiting Age Discrimination in California

The federal government passed the Age Discrimination in Employment Act (ADEA) back in 1967. The ADEA is a civil rights law that applies to people of all ages. They also passed the Age Discrimination Act of 1975 and the Workforce Investment Act of 1998, both of which prohibit discrimination against applicants and employees on the basis of age. The state of California has also passed its own laws regarding age discrimination, including the California Fair Employment and Housing Act (FEHA).

The provisions of these laws include:

• Protection for applicants and employees over the age of 40 from age-based discrimination in hiring, training, promotion, compensation, privileges, and termination.
• Prohibitions against discrimination on the basis of age in activities and programs that receive federal financial assistance.

State and federal laws make it unlawful for an employer to refuse to hire someone 40 or older based on age, as well as to terminate someone's employment simply based on age. Harassment regarding someone's age is also against the law. Therefore, employers must take steps to reasonably prevent harassment or discrimination based on age in the workplace. Failure to do so can result in a discrimination claim against the employer, as well as legal responsibility for damages.

How Do I Prove Age Discrimination in California?

Proving age discrimination requires building a compelling evidentiary record. Under California law, an employee must generally demonstrate that they were 40 or older, that they suffered an adverse employment action, such as termination, demotion, or failure to promote, and that their age was a motivating factor in the employer's decision. 

Our age discrimination attorneys in Los Angeles often begin by conducting a detailed review of the facts surrounding your situation and gathering key evidence, such as personnel records, performance evaluations, internal communications, and documentation of any age-related remarks made by supervisors or decision-makers. 

We look closely at patterns, such as whether younger employees were treated more favorably, whether a reduction in force disproportionately affected older workers, and whether the employer's stated reasons for their actions hold up to scrutiny.  In many cases, what an employer claims was a performance issue turns out to be a pretext for age-based bias.

With over 40 years of combined experience handling age-related employment discrimination claims in California, we know where evidence is usually located and how to use it effectively. We have gone up against some of the largest employers in Los Angeles and have secured significant recoveries for our clients as a result. 

If you are a victim of age discrimination, we are prepared to pursue every avenue available under the law.

What Compensation Can I Recover for Age Discrimination?

If you have a valid age discrimination claim in California, you may be able to demand several forms of compensation, depending on the facts of your case. Recoverable damages in an age discrimination case can include:

• Back pay: Wages, salary, and benefits you lost from the time of the discriminatory action to the resolution of your case.
• Front pay: Compensation for future lost earnings when reinstatement to your former position is not a practical or viable option.
• Emotional distress damages: Compensation for the psychological harm caused by the discrimination, including anxiety, humiliation, and loss of enjoyment of life.
• Punitive damages: In cases where an employer's conduct was particularly egregious or malicious, California law may allow for additional damages designed to punish the employer and deter future misconduct.
• Attorney's fees and costs: Prevailing employees in discrimination cases are often entitled to recover their legal fees from the employer.

Our firm has a documented history of achieving significant recoveries for employees in Los Angeles through both negotiated settlements and trial verdicts. We are always ready to pursue maximum compensation for every client we represent.

Retaliation Based on a Complaint of Age Discrimination

It is illegal under both California and federal law for an employer to retaliate against an employee for reporting age discrimination, filing a complaint with a government agency, or participating in an investigation or legal proceeding related to an age discrimination claim. Retaliatory actions can include termination, demotion, reduction in hours, undesirable schedule changes, increased scrutiny, or any other adverse treatment at work.

Retaliation claims are taken seriously by California courts, and they can be pursued alongside or independently of an underlying age discrimination claim. If your employer has taken adverse action against you after you raised concerns about age discrimination, whether internally to HR or externally to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), you may have grounds for both an age discrimination claim and a retaliation claim.

Contact Our Los Angeles Age Discrimination Attorneys

If you have been discriminated against at work because of your age, do not wait to take action. Our age discrimination lawyers in Los Angeles are here to evaluate your case, explain your options, and fight to recover what you are owed.

Contact us today for a free, no-obligation case evaluation by calling (323) 784-0643.