Age Discrimination Lawsuits

Our employment attorneys frequently handle cases involving workplace age discrimination. Employers are prohibited from making decisions based on age. Hiring and retention should be determined solely by an individual’s skills and ability to perform job responsibilities. However, some employers still rely on outdated biases related to race, ethnicity, gender, national origin, religion, mental health, and age. When employment choices are influenced by such prejudices, it constitutes unlawful discrimination under both state and federal laws. The specific protections vary by jurisdiction, but legal safeguards exist to protect workers. If you have any concerns after reading this, contact our Los Angeles firm for a free consultation. Our attorneys assist clients throughout California.

Employers cannot make employment decisions based on your age—it is illegal and may entitle you to file a claim for compensation if you have suffered harm due to such unfair treatment.

If an employee experiences workplace discrimination, they must first submit a complaint to the Equal Employment Opportunity Commission (EEOC) before proceeding with legal action. Only after this step can they sue their employer. Another option is to report the issue to HR. So how does one file an age discrimination complaint? At California Labor Law Employment Attorneys Group, we guide individuals through the process and offer legal representation. Many employees have questions about taking legal action against a current or former employer, such as:

• How can I submit an age discrimination complaint to HR?
• What is the process for filing an age discrimination lawsuit?
• Can I pursue an age discrimination claim while still employed?

Understanding Age Discrimination

It is illegal for an employer to treat an employee differently simply due to age. In the past, it was legal for businesses to make decisions based on an employee’s age, allowing them to terminate or force retirement without consequences. However, in 1967, Congress enacted the Age Discrimination in Employment Act (ADEA), which prohibits employers from discriminating against workers aged 40 and older.

Some companies prefer younger employees because they may accept lower wages and require less training for new technology. However, denying an older worker a promotion in favor of a younger candidate, despite their qualifications, constitutes discrimination. Employers also cannot legally withhold raises, bonuses, or other benefits from older employees based solely on age. If younger employees are required to participate in training programs, an employer cannot deny similar opportunities to older workers.

If you believe you have been subjected to age discrimination, you may have grounds for legal action. However, before filing a lawsuit, you must first submit a complaint with the EEOC—a federal agency that enforces workplace discrimination laws.

Filing a Complaint With the EEOC

Anti-discrimination laws exist to prevent unfair treatment based on personal characteristics such as race, gender, religion, or national origin. However, some employers still act on biases, leading to unjust workplace decisions. Employees who experience such treatment can file a formal complaint and seek compensation.

Before pursuing a lawsuit, an employee must submit a charge to the Equal Employment Opportunity Commission (EEOC). Unless you reside in Charlotte, Chicago, New Orleans, Phoenix, or Seattle (where online submissions are available), you must file your claim in person or by mail.

Filing in person: Each EEOC office has its own procedures for handling walk-ins and appointments. It is advisable to check their specific policies. Generally, it helps to bring relevant documents, including your employer’s name and address, the reason for your termination (if applicable), details of the discrimination, and witness names. You may also bring an attorney for legal support.

Filing by mail: You can also submit your complaint via mail by sending a package containing:

• Your name, address, and phone number
• Your employer’s name, address, and phone number
• The total number of employees at your workplace
• A description of the discriminatory events
• The dates when these events took place
• Your signature

Your letter must be signed, or the EEOC cannot process your claim. If unsigned, you will need to resubmit everything.

Timing is crucial—you have 180 days from the last discriminatory act to file a claim. However, if your state has laws protecting against age discrimination (as California does), this deadline extends to 300 days.

Filing a Complaint With HR

If you prefer not to file a complaint with the EEOC and want to resolve the matter internally, you can submit a claim to your company’s human resources (HR) department. Here are some key steps:

• Submit your complaint in writing and use clear, specific terms such as “age discrimination” or “harassment.”
• Remain professional and concise in your explanation.
• Keep copies of all communication with HR for your records.
• After meetings with HR, send a follow-up email summarizing the discussion. For example: “During our conversation, I reported ongoing age discrimination that I have been experiencing.”

After submitting your complaint, consider speaking with an employment attorney to understand your rights.

At the California Labor Law Employment Attorneys Group, we are committed to helping employees receive the compensation they deserve for workplace discrimination. We provide free consultations and a zero-fee guarantee—you pay nothing unless we win your case.

Free Consultation and No Upfront Fees

Our legal team offers free consultations to those who believe they have been treated unfairly by their employer. Additionally, we operate on a contingency basis, meaning we only collect fees if we successfully recover compensation for you. If we do not secure a settlement, you owe us nothing.