The California Fair Employment and Housing Act (FEHA) prohibits an employer from discriminating against an employee due to that employee’s age if that employee is over forty (40) years old. In most cases in order to establish that there has been a violation of the code plaintiff would need to prove that he or she:
- Belongs to a protected class (i.e., is over forty (40))
- Was subjected to an adverse employment action (like termination, demotion, suspension).
- Similarly situated employees who are not part of the protected group were treated differently and more favorably.
Los Angeles and Orange County employment lawyers of Employment Law Team™ also rely on statistical and comparative evidence in order to establish their cases. This is because most age discrimination cases don’t involve an employer blatantly admitting that he or she was discriminating against an older employee, rather references to empirical data showing from the employer is needed to establish the case for Plaintiffs. Age discrimination allegations become more prevalent as the economy slows down due to the act that employers can hire less experienced and younger employees at salaries much lower than the older more experienced workers.