If you are at least 40 years old, the discrimination laws in California, as well as on federal level, make it illegal for employers to reach an employment-associated decision based on your age. These California-based age discrimination legal provisions at the federal and state levels are applicable exclusively to
workers who are at least 40. A common form of age discrimination is recruiting younger personnel rather than an older person due to the fact that the younger person will demand a lower salary.
Passed by the United States as an enactment in 1967, the Age Discrimination in Employment Act (ADEA) changed the workplace by outlawing age discrimination. Basically, the ADEA protects workers with at least 20 recruits. As it is, employers may not reach employment decisions that are discriminatory against workers who are in the least 40 years of age, and this includes promotion, hiring, and compensation pronouncements.
Age discrimination occurs when an individual, 40 years of age or older, experiences an adverse employment action because of their age, such as getting fired, being demoted, having their hours reduced or not getting promoted. Age discrimination can also happen during the hiring process, for example, if employers advertise only for younger candidates, screen out candidates whose resumes reveal that they are older, or use hiring criteria that implies an age limit.
Most civil cases settle before going to trial. Sometimes cases will settle even before a lawsuit is filed, or settle at some point during the course of litigation. Thus, the vast majority of discrimination lawsuits are settled without having to go to trial.
It is impossible to calculate the odds of winning a discrimination case, because each case is different. It is difficult to predict the end result at the beginning of a case. The best course of action is to talk with an experienced attorney about your particular circumstances.
While some law firms charge a fee up front, JLG only charges a contingency fee – meaning we won’t get paid, unless you get paid. Schedule a free call with one of our legal experts now and find out how we can help you.
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