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AGE DISCRIMINATION
The California Fair Employment and Housing Act (commonly known as FEHA) prohibits
an employer from discriminating against any employee because that employee is over
forty (40) years old. Because there is rarely “smoking gun” evidence of age discrimination,
circumstantial evidence will usually suffice. An inference of age discrimination
is usually raised by showing that the employee (a) belongs to a protected class
(i.e., is over forty (40)), (b) was subjected to an adverse employment action (like
termination, demotion, suspension), and (c) similarly situated employees from outside
the protected class were treated differently and more favorably. In addition to
raising an inference of discrimination in the manner set forth above, an employee
may do so via statistical evidence, comparative evidence, or direct evidence. Direct
evidence, such as discriminatory comments made by the decisionmaker, is often the
most persuasive. However, in larger companies, it may be possible to use statistical
analysis to demonstrate that the employer systematically discriminates against a
particular race in hiring, promotions and terminations. Such evidence would raise
an inference that the action taken against a particular employee of that race was
also infected by racial animus or prejudice. Comparative evidence also raises an
inference of discrimination by showing that different rules and standards were applied
for persons of different races.
An employer is also prohibited from harassing an employee based on his protected
age category.
For more information and a free consultation with one of our experienced attorneys
call us at (800) 589-9901.
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