In general, an employer in California cannot discriminate against an employee by terminating, refusing to promote or refusing to hire someone due to their age or due to a disability, whether physical or mental. Both state and federal laws provide protection for such protected classes. Under the federal Age Discrimination in Employment Act (“ADEA”), employees or potential employees are protected against age discrimination. Persons with a disability are protected under the federal Americans with Disabilities Act (“ADA”) and California’s Fair Employment and Housing Act (“FEHA”).
If you are an employee in California and believe you were discriminated against due to your age or disability, it is time to seek seasoned legal counsel. Based in Solana Beach, California, Mayfield Bustarde, LLP provides comprehensive employment law counsel. Whether you are the employee asserting a discrimination claim or you are the employer requiring defense, we are knowledgeable when it comes to all facets of an employment law case.
Age Discrimination Claims
Under the federal ADEA, an employer is prohibited from discriminating or retaliating against an employee due to his or her age. This doesn’t have to be through termination but could also be a demotion or refusal to promote. What is often difficult to prove in an age discrimination claim is that it was for the reason of age that an employer acted out against the employee. The employer can often point to other reasons such as the employee’s performance.
Our lawyers will work hard to investigate your age discrimination case and review all relevant evidence to help prove your claim. This is a particularly difficult type of discrimination claim and that is why it is important to hire a lawyer with extensive experience.
The Rule of Reasonable Accommodations: Disability Discrimination
In addition to the laws prohibiting discrimination, if an employee has a disability and requests workplace accommodations to do his/her job, the employee has additional rights. The reasonable accommodations arena is filled with rules, and imposes obligations on both the employer and employee. Whether or not all of those rules are followed will make or break a case for either the employee or employer.
The experienced attorneys at Mayfield Bustarde, LLP have a thorough understanding of the reasonable accommodation laws and the requirements of the parties in the interactive process. Whether you’ve had a reasonable accommodation request ignored or denied, or you are an employer receiving a reasonable accommodation request for the first time, our attorneys can help guide you through the process, and help you understand and comply with your duties to realize the best outcome for both the employer and employee.
In the event the reasonable accommodation request is not resolved to the satisfaction of the parties, or the request is denied, the attorneys at Mayfield Bustarde, LLP will be by your side through each step of the process and as we litigate your dispute, if necessary.
For More Information Reach Out Our Law Firm
If you have questions about a situation at work that you believe is age or disability discrimination, we encourage you to reach out to our law firm today. Mayfield Bustarde, LLP provides dedicated employment law counsel in the Southern California area. Call 858.793.8090 or contact us online for a free consultation.