Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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Aggressive Representation for California EmployeesWe are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
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Proven Track Record of SuccessOur team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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Free Consultations AvailableAt Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
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Personalized Service, Powerful ResultsAs a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.
Why Age Discrimination Is Unlawful in San Diego & Statewide
Age discrimination is deemed unlawful because it violates the fundamental principle of fair treatment in employment. It unjustly limits individuals' ability to contribute and advance based on age rather than merit or capability.
Both federal and state laws protect individuals from age discrimination. The Age Discrimination in Employment Act (ADEA) federally prohibits employment discrimination against workers aged 40 and older. The California Fair Employment and Housing Act (FEHA) also protects aging workers within the state.
What Is Retaliation in the Context of Age Discrimination?
Retaliation occurs when an employer takes adverse actions against an employee because the employee engaged in a legally protected activity related to age discrimination. Protected activities include filing a complaint about age discrimination, participating in an investigation or lawsuit, or opposing discriminatory practices in the workplace. Retaliation is illegal under the Age Discrimination in Employment Act (ADEA) and other applicable laws.
Adverse actions can take many forms. Common examples include termination, demotion, salary reduction, exclusion from important meetings, undesirable job assignments, or increased scrutiny and criticism. Even subtle actions, like giving negative performance reviews without justification or creating a hostile work environment, can qualify as retaliation if they discourage an employee from asserting their rights.
To prove retaliation, an employee must establish three key elements: they engaged in a protected activity, they experienced an adverse action, and there is a causal link between the two. Employers often claim their actions were based on legitimate business reasons, so gathering evidence—such as documentation, emails, or witness statements—is critical for building a strong case.
Retaliation claims can be complex, but employees do not have to face this situation alone. Understanding your rights and seeking legal guidance is the first step toward protecting yourself from unlawful workplace practices and holding employers accountable.
Manifestations of Age Discrimination in the Workplace
Age discrimination can appear in various forms, ranging from subtle biases to overt actions. Examples can include:
- Unfair denial of promotions
- Assigning less favorable assignments to older workers
- Implementing age-related job cuts
- Derogatory remarks about an employee’s age
- Imposing retirement quotas
- Overlooking older employees for training opportunities
Discrimination can touch all aspects of employment, affecting recruitment, compensation, promotion, training, layoffs, and retirement.
It often reveals itself in hiring practices where older applicants are bypassed in favor of younger, less experienced candidates. It can also become evident in workforce reductions, where older employees are disproportionately targeted despite tenure or performance.
The Transition from Individual Claims to Class Actions in Employment Law
A single age discrimination claim can expand into a class action lawsuit if numerous employees are similarly affected by the employer's discriminatory practices. When multiple individuals bring forward claims illustrating systemic discrimination, a class action can unify these grievances into a comprehensive case. This approach amplifies the impact and challenges broader discrimination, seeking justice and remedies for all affected employees.
When affected individuals prevail in a class action lawsuit, they may be entitled to compensation and legal remedies. These are designed to address the harm suffered and prevent future misconduct.
Successful class actions often result in monetary compensation, including back pay, lost wages, and damages for emotional distress. Additionally, punitive damages may be awarded in cases involving particularly egregious or willful misconduct, serving as punishment and deterrence against similar behavior.
Besides financial compensation, prevailing class plaintiffs might achieve non-monetary remedies such as workplace policy changes, mandatory training programs, or oversight measures to ensure compliance with anti-discrimination laws. These outcomes provide relief and justice for those affected and can drive systemic change, promoting a more equitable workplace environment for all employees.
Want to discuss your case with a San Diego age discrimination attorney? Contact us at (619) 353-8032 or online for a free case review today.