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In the past, you may have expected that as a senior worker in California, your position would be more secure than those who have less experience. Many employees have discovered that the opposite is true, but the California Civil Rights Law Group has a history of protecting those who are over the age of 40 and have suffered illegal discrimination.
The California Department of Fair Employment and Housing explains that state law protects you from an unfair transfer, loss of promotion, pay cut or termination based on your age, if you work for a public or private employer with at least five employees. You should also never be denied membership in a union or employee organization, or miss out on an apprenticeship program or training opportunity because of how old you are.
If you feel that you have been the victim of age discrimination, the DFEH allows you to file a complaint for up to one year. This state agency does not necessarily pursue punitive proceedings against your employer if your complaint is verified. There is a chance that the company will receive a chance to correct the situation, which may include the following actions:
- Restoring your lost earnings
- Providing previously denied training
- Reinstating you to your former position
- Providing reasonable accommodations for your needs
- Offering you a promotion that you earned
The company may also be required to compensate you for emotional distress you suffered because of the discrimination, and pay punitive damages to you, as well. If you have hired an attorney in order to resolve a dispute that was not corrected through the DFEH, your employer may be required to pay those fees, as well. More information about illegal discriminatory acts based on age is available on our web page.