Age Discrimination FAQs
Age Discrimination FAQs
Despite the strong state and federal laws, age discrimination is still rampant in California. Fortunately, remedies are available for victims of age discrimination. Understanding what constitutes age discrimination in California, your legal options, and legal procedures is crucial to protecting your rights.
What constitutes age discrimination in California?
State and federal laws prohibit employers from discriminating against people who are 40 years or older. Examples of acts that entail age discrimination include terminating, demoting, and failing to promote someone because they are 40 years or older.
What are my legal options if I am a victim of age discrimination?
Age discrimination victims in California can file a claim with the California Civil Rights Department (CRD). You can also file a legal claim with the Equal Employment Opportunity Commission (EEOC). The CRD enforces state laws against workplace discrimination, whereas the EEOC enforces federal laws against discrimination.
It is best to consult with an age discrimination lawyer so you have a legal representative who is knowledgeable about age discrimination law and advocates on your behalf. Typically, the government agencies (CRD and/or EEOC) don’t have as much of an interest in your case as a private attorney would.
How do I file an age discrimination claim with the CRD?
The first thing you should do before filing an age discrimination claim with the CRD is to gather the necessary information. Gather facts and records about your case, evidence related to your complaint, and witnesses’ contact information. After that, you can file your complaint. You can do this online using the Cal Civil Rights System, CCRS, by mail, or by calling the CRD.
It is encouraged to consult with and/or hire an age discrimination lawyer so he or she can navigate the CRD filing for you.
How do I file an age discrimination claim with the EEOC?
After submitting an online inquiry and being interviewed, you can file an age discrimination claim with the EEOC through their public portal.
It is encouraged to consult with and/or hire an age discrimination lawyer so he or she can navigate the EEOC filing for you.
Do I have to file a claim with the EEOC if I file a claim with the California CRD and vice versa?
If you file a claim with the EEOC, you don’t need to file a claim with the CRD and vice versa. This is because once you file a claim with one government agency, the same claim is filed with the other agency. However, you should note that the agency that receives the initial complaint leads the investigation.
For California employment claims, it is usually better to file with the California CRD and not the EEOC, which handled federal employment claims. It is encouraged to consult with and/or hire an age discrimination lawyer so he or she can navigate the government agency filings.
How long do I have to file an age discrimination claim?
Generally, you have three years after the date of the alleged discriminatory act to file your claim with the CRD. On the other hand, an EEOC charge must be filed within 180 days of the alleged violation. Depending on the specifics of a case, this deadline can be extended to 300 days. When it comes to filing a lawsuit against an employer, you generally have a year after receiving a right-to-sue notice to file the lawsuit.
However, the statute of limitations can get complicated for an age discrimination claim when it is coupled with a wrongful termination claim (which it usually is). That is why it is best to consult with and/or hire an age discrimination lawyer.
What happens after a complaint has been filed?
It depends. Usually, if you hire an age discrimination lawyer, he or she doesn’t want the CRD or the EEOC to investigate. Rather, they want an immediate Right-to-Sue letter so that you can file a lawsuit directly in civil court. However, if you want the EEOC or the CRD to investigate, then that is the next step. If it is determined that the employer is guilty of age discrimination, the parties may negotiate or engage in mediation. A right-to-sue notice is then issued if negotiations and mediation fail.
You should consult with an experienced age discrimination lawyer prior to deciding whether to file a complaint with the CRD or EEOC, or whether to obtain an immediate Right-to-Sue notice from one of these government agencies.
Can an employer retaliate against me for filing an age discrimination claim?
It is against federal and state law for an employer to retaliate against you for filing an age discrimination claim. If an employer retaliates against you, you can file a retaliation claim against them.
Contact a California Employment Lawyer
If you have fallen victim to age discrimination, contact a qualified California employment lawyer near you for legal help.