What to do if there is age discrimination at a workplace

Q

Two questions: First, I worked six years for a company and exceeded the goals set for me. I am 63 years old. To my complete surprise, I was called into the supervisor’s office, and told the company is having financial issues and am being let go. There is a severance “package” offered if I sign a release, which is multiple pages of legalese. I have learned that six others were let go, so a total of seven being terminated, all of whom are older than 50. Is this age discrimination?

— E.R. Cerritos

A

In California, employees are protected against age discrimination by two main sets of laws: The federal Age Discrimination in Employment Act, and the California Fair Employment and Housing Act. Under both laws, it is illegal for employers to discriminate against employees older than 40 because of their age.

In your situation, the fact all being let go are older than 50 raises at least a pink flag. The employer indicates the terminations are for economic reasons. Perhaps you and the others have a higher salary than younger employees. The use of salary as a basis for differentiating between employees, however, can be age discrimination if it adversely impacts older workers as a group. Also, have there been any other circumstances that suggest age discrimination is occurring? In the past, for example, were there any jokes or derogatory remarks about your age (or the age of others)? Is there a pattern with layoffs related to older folks? Is a younger person filling your job?

A number of lawyers and law firms specialize in employment matters. I encourage you to promptly seek out qualified counsel to discuss the situation, and learn about your options and the time frames, and go over any written severance package that has been submitted to you (which I presume has a deadline for you to accept).

Q

Second question: What are the damages I can seek if my being fired is, in fact, age discrimination?

— E.P., Cerritos

A

A victim of age discrimination at work can seek damages that depend on the type of wrong involved. Generally, the remedies seek to put the individual in the same position he or she would have been, but for the violation. As such, monetary damages, punitive damages and/or equitable remedies (e.g., reinstatement) are possible. Damages from employment discrimination are varied, including back pay and back wages and lost benefits, as well as for pain and suffering.

If it is shown that the employer intentionally discriminated against the employee based on age, then the latter could be entitled to liquidated damages (which are to punish the behavior of the wrongdoer, and to deter further, similar misconduct). There also is a possibility that if the victim prevails in a lawsuit, the employer will have to pay the employee’s legal fees and court costs. With all this in mind, as I stated above to your first inquiry: Consult with qualified counsel.

DFEH Link

The California Department of Fair Employment and Housing has a link online that provides information about an employee discrimination complaint. Go to the DFEH website home page and click on “File a Pre-Complaint Inquiry.” If assistance is needed with the form, you can call 800884-1684. Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.