Articles Posted in Discrimination

There’s been an uptick in age discrimination in the U.S. recently, according to the Equal Employment Opportunity Commission (EEOC). Although this is unfortunate for those who experience this in the workplace, there are federal and California state laws in place to help fight discrimination. Read on to learn about how you can sue for age discrimination in California.

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What is Age Discrimination?

Employees and jobseekers have protection under the federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA). As indicated by the term “age discrimination,” this refers to the mistreatment (based on age) that employers illegally commit against workers or those looking for work. The ADEA protects those that are 40 years of age and older from this; additionally, California’s FEHA also shields those 40 and above.

shutterstock_1139941481-300x160Many workers know that employment discrimination is not only unfair, but also illegal. Employees should also be assured that they have certain rights regarding discrimination; this includes the right to take legal action against the perpetrators. What isn’t as clear is what should they file? Should it be a Section 1981 lawsuit or a Title VII claim?

Both section 1981 and Title VII of the federal Civil Rights Act of, protect employees against discrimination at work. However, it depends on what type of discrimination. For instance, if you’ve suffered from racial discrimination, you could possibly use one or the other.

Section 1981 grants individuals the right to make and enforce contracts, regardless of race. Because the employee/employer relationship is regarded as a “contractual” relationship (even considering at-will employment), Section 1981 relates to numerous factors of the employment connection.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2020/10/20.10.02-002-300x300.jpgThe employment scenario: You have a disability and have requested certain accommodations at work. Your employer is now asking to see proof of your disability and/or asking for more specific details about your disability.

The question: Is an employer’s request for disability documentation legal?

The answer: Not necessarily.

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