AGE DISCRIMINATION LAWYERS IN LOS ANGELES

Age Discrimination Lawyers Los Angeles is a powerful lawyer group in Tustin CA, serving all Los Angeles areas, to contact please Call or Request a Consultation Online Today with your #1 Employment Lawyers in California Stevens & McMillan! We are open Monday through Friday 9 am to 5 pm!

                

Looking for the best Age Discrimination Lawyers Los Angeles? Close to the city of Los Angeles, the prominent Law Firm Stevens & McMillan offers free consultations to people who need legal advice. Heather McMillan and Daniel Stevens are attorneys who handle employment matters which means that they represent employees against their employers. They have a lot of experience in representing employees against their employer regarding Age Discrimination.

AGE DISCRIMINATION LAWYERS LOS ANGELES

Forms of age discrimination are recognized by state and federal law as prohibited. For example, an employer may favor younger employees over employees who are over the age of 40. For all of your Age Discrimination Lawyers Los Angeles needs, give us a call at (800) 738-3353! We want to help!

Being over 40 would place an employee in the protected class of age and therefore it would be illegal for them to be singled out or treated unfairly because they are indeed over 40. It is often recommended that if an employee is being singled out and treated differently based on their age, they put a complaint in writing and give it to the human resources department. It is possible that after an employee makes a complaint they are retaliated against which is also illegal. There are ways in which retaliation could be proven which would be if this particular employee engaged in a protected activity, this employee has experienced an adverse employment action, or there was a link between the protected activity and the adverse employment action. Every case is detailed and needs to be evaluated by an attorney to decipher whether or not the patient has the potential to grant the right to sue.

 

What is age discrimination?

This happens when your age is considered a barrier to equality in any of the situations covered by the Equality Act.

There are some exceptions to the Equality Act. Students are not protected against age discrimination in schools, for example.

It could be an individual action or a result of a policy or rule based on age. To be illegal, it doesn’t necessarily have to be deliberate.

Depending on the circumstances, it may be legal to treat an older person differently. These are explained below.

What the Equality Act has to say about age discrimination?

The Equality Act 2010 states that you cannot be discriminated against for:

• You are (or not) of a particular age or a certain age group
• This is called discrimination by perception.
• This is called discrimination by association.

Age groups can vary widely (e.g., “people under 50” or “under 18s”). You can be very specific, such as ‘people in their 40s’. A person can be described as a ‘young person, ‘youthful’, ‘elderly’, or pensioner to indicate their age.

Different types of age discrimination

There are four types of age discrimination.

Direct discrimination

This is when you are treated worse by someone because of your age than another person in the same situation. Take this example:

• Your employer won’t allow you to take a training course but will allow younger colleagues too.

Direct age discrimination is permissible if the employer or organization can prove that there is a valid reason.

This is called objective justification. This is an example:

• You are 17 years old and you want to work on a construction site. Because of the risk involved in construction, the building company won’t hire anyone under 18 on that site. Your treatment by the company is likely to be justifiable
• A guest house owner will charge twice the average rate for guests under 21. Because of recent damage, she hopes that it will discourage young people from booking. You could also ask for a deposit. The guest house cannot justify the higher rates.

Indirect discrimination

Indirect discrimination is when an organization has a policy or method of working that applies to all but puts people in your age group at a disadvantage. Take this example:

• Your employer prohibits you from being promoted if you have a post-graduate degree (e.g. master’s). This applies to all, but it is less applicable to your age since they are less likely to qualify.
• An optician will allow customers to pay for their glasses in installments if they are employed. This could be discriminatory against older people who are less likely than others to work.

Indirect age discrimination is allowed if an employer or organization can prove that it is justified. This is called objective justification.

Harassment

Harassment is when someone makes it difficult for you to feel offended, humiliated, or degraded. Take this example:

• During a training session at work, the trainer kept commenting on how slow an older employee is in learning how to use new software packages because of his age. This is what the employee finds distressing. This could be considered harassment due to age

Harassment cannot be justified. You can only claim harassment against an employer or organization if it proves it was able to stop its employees from acting in this manner.

Victimization

If you’ve filed a complaint under the Equality Act about age discrimination, you may be treated unfairly. This can also happen if you support someone who has filed a complaint about age discrimination. This is an example:

• Your colleague complains about being called a “wrinkly” employee at work. You assist them in complaining to their manager. You are treated badly by your manager because you got involved

Age-related differences in treatment are legal

If:

• An occupational requirement is a requirement that a person must be of a certain age to get a job. A film company that makes Oliver Twist might hire a young boy to play the role of Oliver.
• An organization takes positive action to develop or encourage people from an under-represented age group in a job or activity
• Your employer has established a retirement age it can justify for you based on your job: this is called objective justification.
• The circumstances are covered by one of the Equality Act exceptions that allow organizations to offer different treatment in employment and services based on age
• A service provider offers age-related benefits and concessions. A cinema might offer discounted tickets for those over the 60s, or special screenings. Or, a doctor can give flu shots to people over 65.
• Financial services (e.g. Banks, insurance companies, and building societies) use age limits to decide what services they offer A high-street bank may offer a “silver savings” account to customers who are over 60 with higher interest rates.
• A high-street bank may offer a “silver savings” account to customers who are over 60 with higher interest rates. If they use age to determine risk, such as only offering car insurance for those over 75 years old or charging more for insurance for older customers, they will need to have current evidence from reliable sources that show that drivers aged over 60 are at greater risk. …

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