Age Discrimination Attorney in Los Angeles, CA

Name: Age Discrimination
Brand: Kesluk, Silverstein, Jacob & Morrison
Rating: 4.1 (58 reviews)

The age discrimination lawyers in Los Angeles at Kesluk, Silverstein, Jacob, & Morrison offers its clients more than 100 years of combined experience and will be ready to help you earn the restitution you deserve if you’ve been discriminated against based on your age.

Age Discrimination Overview

Age Discrimination Protections Apprenticeship Programs Age Requirements in Job Ads Pre-Employment Age Inquiries Older Workers Benefit Protection Act ADEA Waiver Requirements Why Choose FAQs

Experienced Los Angeles Lawyers for Age Discrimination Cases

If you suspect age discrimination in the workplace, you may be able to secure relief under state or federal law. Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. Find out the steps an age discrimination lawyer in Los Angeles takes to prove an age discrimination claim. If you suspect age discrimination, file a claim with the Equal Employment Opportunity Commission or under your state discrimination laws.

Understanding the Age Discrimination in Employment Act

Age Discrimination Protections for Los Angeles Employees

Under federal law, the Age Discrimination in Employment Act (ADEA) protects employees age 40 or older from age discrimination. Moreover, you cannot sue under the ADEA if your workplace employs fewer than 20 people.

However, age discrimination is permitted in certain special circumstances. For instance, executives who earn over $44,000 annually may be forced to retire at age 65. Furthermore, certain government workers are also subject to certain age limitations. This can include fire personnel, police officers, or air traffic controllers.

Legal Protections Against Age Bias in Employment

The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. Hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training are all included under this law. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age. Additionally, you cannot retaliate if someone files an age discrimination claim, testifies, or participates in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

Real Client Testimonial

I had an excellent experience with this firm, attorney Brian Kesluk in particular. I can’t express enough gratitude for the support I received from Brian. He was incredibly responsive and helpful during a very stressful time. He provided clear, practical guidance and actionable advice quickly, which helped me feel more confident navigating a difficult situation. Discovering Brian and his firm was a gift and I highly recommend them!

A.D.

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Age Discrimination and Apprenticeship Programs: What You Need to Know

It is generally unlawful for apprenticeship programs to discriminate on the basis of an individual’s age. This includes joint labor-management apprenticeship programs. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption. Our age discrimination attorneys in Los Angeles can evaluate your situation, determine whether your rights have been violated, and help you pursue appropriate legal action if discrimination has occurred.

Age Requirements in Job Ads: Legal Guidelines

The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the essence of the business.

Pre-Employment Age Inquiries: What Are Your Rights?

The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age. Therefore, a lawful purpose needs to be the defining intent of the inquiry.

Older Workers Benefit Protection Act: A Summary

The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Los Angeles Discrimination Lawyers Explain ADEA Waiver Requirements

At an employer’s request, an individual may agree to waive his or her rights or claims under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards for a waiver to be valid. Among other requirements, the Equal Employment Opportunity Commission outlines that a valid ADEA waiver:

Must be in writing and be understandable
Must specifically refer to ADEA rights or claims
May not waive rights or claims that may arise in the future
Must be in exchange for valuable consideration
Needs to advise the individual in writing to consult an attorney before signing the waiver
Must provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it

In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive. If you have any questions about ADEA waiver requirements, reach out to a Los Angeles age discrimination lawyer today.

Why Choose the Age Discrimination Lawyers at Kesluk, Silverstein, Jacob & Morrison in Los Angeles?

Age-based discrimination in the workplace can be subtle, but its consequences are often severe. Before taking action, it is important to consult a discrimination attorney who understands how California and federal age-discrimination laws apply to your situation. For more than 30 years, Kesluk, Silverstein, Jacob & Morrison has represented employees who were treated unfairly, pushed out, or terminated because of their age. Our age discrimination attorneys in Los Angeles are dedicated to standing up to employers who misuse their authority and violate employee protections.

Our firm has earned statewide recognition for its work on behalf of employees, including:

Induction into the Million Dollar Advocates Forum
Membership in the California Employment Lawyers Association and the Consumer Attorneys Associations of California and Los Angeles
Recognition by The Daily Journal as leading labor and employment attorneys in California
Honors as Super Lawyers and Super Lawyers Rising Stars

Age discrimination claims may also involve breaches of employment contracts or company policies. During a consultation, our age discrimination attorneys in Los Angeles can review the circumstances of your case and identify all potential legal violations. If you believe you have been subjected to age discrimination, contact Kesluk, Silverstein, Jacob & Morrison at (310) 997-4431 to learn how we can help protect your rights.

Age Discrimination FAQs

Do I have to disclose my age in a job application or in an interview in California?

Is it legal for an employer to ask me to retire early?

How long do I have to file an age discrimination claim in Los Angeles, CA?

What are the signs of age discrimination?

Is it lawful to fire me if I’m an older employee and I earn more money than my coworkers?

Do I have to disclose my age in a job application or in an interview in California?

No. In most cases, you are not required to disclose your age during the hiring process. California law prohibits employers from asking questions designed to reveal an applicant’s age, such as graduation dates, unless age is a bona fide occupational qualification (which is rare). Employers may verify that you meet minimum age requirements, but they cannot request your exact age.

Is it legal for an employer to ask me to retire early?

Generally, no. Pressuring or encouraging an employee to retire because of age can constitute age discrimination under California law. While voluntary retirement discussions may be permissible in limited contexts, repeated suggestions, coercion, or age-based adverse treatment can be unlawful.

How long do I have to file an age discrimination claim in Los Angeles, CA?

In California, you generally have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD). Missing this deadline may prevent you from pursuing a claim, so acting promptly is important. Although three years may seem like ample time, speaking with an attorney early can help preserve key evidence, secure witness statements, and strengthen your case while the details are still fresh.

What are the signs of age discrimination?

Age discrimination can be subtle or overt. Common warning signs include being passed over for promotions in favor of younger employees, age-related comments or jokes, sudden negative performance reviews, pressure to retire, reduced responsibilities, or termination shortly before retirement eligibility. If you suspect age discrimination, our age discrimination attorneys in Los Angeles at Kesluk, Silverstein, Jacob & Morrison can review your situation and explain your legal options under California law.

Is it lawful to fire me if I’m an older employee and I earn more money than my coworkers?

Higher salaries are often linked to longer tenure in the workplace, which frequently correlates with older employees. If an employer targets someone for layoff or termination because they earn more, it may raise concerns about potential age discrimination.

Proving Age Discrimination

Age Discrimination Attorney in Los Angeles, CA

Age Discrimination Overview

Experienced Los Angeles Lawyers for Age Discrimination Cases

Understanding the Age Discrimination in Employment Act

Age Discrimination Protections for Los Angeles Employees

Legal Protections Against Age Bias in Employment

Real Client Testimonial

Schedule a Free Consultation

Age Discrimination and Apprenticeship Programs: What You Need to Know

Age Requirements in Job Ads: Legal Guidelines

Pre-Employment Age Inquiries: What Are Your Rights?

Older Workers Benefit Protection Act: A Summary

Los Angeles Discrimination Lawyers Explain ADEA Waiver Requirements

Why Choose the Age Discrimination Lawyers at Kesluk, Silverstein, Jacob & Morrison in Los Angeles?

Age Discrimination FAQs

Do I have to disclose my age in a job application or in an interview in California?

Is it legal for an employer to ask me to retire early?

How long do I have to file an age discrimination claim in Los Angeles, CA?

What are the signs of age discrimination?

Is it lawful to fire me if I’m an older employee and I earn more money than my coworkers?

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