How do I know if I have a case under the Age Discrimination in Employment Act?

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How do I know if I have a case under the Age Discrimination in Employment Act?

I was recently laid off. I’m 40, and I’m pretty sure everyone else in the department is younger.

Asked on January 4, 2013 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The California Fair Employment and Housing Act, as well as federal laws, prevent discrimination in the workplace. Age discrimination is one such type protected and it can include not only termination, but failure to hire or promote, unequal or reduced pay, a refusal of benefits, and other acts that are based solely on a person's age. In order to prove age discrimination, it must be proven that the worker is forty years of age or older and that this factor was used in determining acts of hiring, firing or promotion. It should be shown that younger employees who were in the same or similar positions of employment were treated more favorably. It all turns on the facts of your case so it is best for you to speak with an attorney in the area.  Good luck.


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