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How to Pursue an Age Discrimination Claim in California

Posted on in Employment

age discrimination claim, San Jose age discrimination lawyer, California employment law, workplace discrimination, Workplace discrimination lawsuitEmployment law in the United States makes it illegal for employers to deny or limit the employment opportunities available to job applicants and employees based on their advanced age. Therefore, a California worker who has been discriminated against in the workplace based on their age and, as a result, has suffered an adverse employment action (for example, has been denied employment, had his or her pay reduced, was refused employment benefits, had his or her hours cut, was terminated, etc.) can file an age discrimination claim if he or she is of a qualifying age.

There are several different laws under which an age discrimination claim can be filed and the majority of these claims are filed under the federal Age Discrimination in Employment Act (ADEA). Consider the following information as to how one can pursue an age discrimination claim under the ADEA.

Pursuing an Age Discrimination Claim Under the ADEA

The federal Age Discrimination in Employment Act of 1967 is a federal law that, in relevant part, makes it illegal for an employer to discriminate against a job applicant or an employee based on his or her age when said applicant or employee is 40 years old or older. In order to pursue an age discrimination claim under the ADEA, you will need to jump through the following hoops:

  1. File an Administrative Complaint: First, you will need to file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). After your complaint has been filed, the EEOC will conduct an investigation into the matter and, once they are finished, will issue a right-to-sue-notice. However, you only have to wait 60 days from the date on which your administrative complaint was filed before you can legally file your lawsuit in court.

  1. File Your Lawsuit in Court: Filing your lawsuit in court involves drafting and submitting a legal document called a “complaint” which explains the grounds on which your age discrimination claim is based and listed the damages that you are seeking.

  1. Engage in Discovery: In preparation for going to trial both parties to the lawsuit will engage in the discovery process, which involves both sides requesting information and asking questions of the other party.

  1. Attend Mediation: In most age discrimination cases the parties will voluntarily agree to attend mediation in an attempt to work out a settlement without the help of the court. If the parties are able to reach an agreement then the age discrimination claim can be settled outside of court and will not go to trial.

  1. Go to Trial (if Necessary): If the parties either decide not to mediate or are unable to settle the claim outside of court, then the matter will go to trial.

Let Us Help You with Your Case

It is important to note that workers in California are afforded protection against age discrimination under several different laws and that, consequently, a California worker who is interested in filing an age discrimination claim often has the option of filing his or her claim under more than one law. Choosing which law to file under is vitally important and unfortunately can be quite challenging given the complexity of the applicable statutes. An experienced San Jose age discrimination lawyer will be able to review the facts of your case and determine the manner in which it would be most beneficial to pursue your claim. If you live in Northern California and are interested in discussing a potential age discrimination claim with a top notch employment lawyer during a free initial consultation, contact Jachimowicz Law Group for help.








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