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What to Know About Filing an Age Discrimination Complaint in California

When filing an age discrimination complaint in California, there are a number of decisions to make. Work with your age discrimination attorneys to determine which strategy is best for your complaint.

Complaint

Determine the appropriate strategy before filing an age discrimination complaint with legal advice from Jackson & Associates. Source: FreeDigitalPhotos

Discriminating against an employee over 40 because of age is illegal under the Age Discrimination in Employment Act (ADEA), which was passed in 1967. If filing a complaint in California, there are three possible agencies you may originate your complaint with: the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), and the Division of Labor Standards Enforcement (DLSE). Having so many options can make filing a claim extremely confusing.

The two most common agencies that work on age discrimination cases are the DFEH and EEOC. If the claim originates with either of these, the agencies are able to work together. Typically, however, one agency will be designated as the lead.

  • With the DFEH, you simply make an appointment to begin the process. If the agency feels there is enough evidence to move forward, they will send a right-to-sue letter.  A lawsuit can then be filed.
  • If you are working with EEOC, however, you start by filing an intake questionnaire and completing an affidavit. After all of the filing requirements have been completed, the EEOC will file a suit and let your employer know that a charge has been filed. If it doesn’t file the suit itself, it will provide you with a right-to-sue letter.

Some of the most common awards granted under ADEA include back pay, front pay, or reinstatement of employment.

This information can help you follow the correct procedures with your age discrimination claim. If you would like to learn more about your legal rights, contact our L.A. Age Discrimination Attorneys at Jackson & Associates.

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California Sexual Harassment and Discrimination Attorneys Disclaimer:
The California employment law, trial information, mediation or other legal information presented at this site should not be construed to be legal advice, nor the formation of an attorney-client relationship. Any results set forth herein are based upon the facts of a particular case and do not represent a promise or guarantee with respect to your case.

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