California Employment Law
California Employment Law Questions Answered by Legal Experts
I see. In that case, I would typically file a charge of age discrimination directly with the state Fair Employment and Housing Commission since you have already attempted to resolve this issue internally without success.You normally have one year from the date of the discriminatory act to file the charge, so it should be filed promptly.It does appear that a prima facie case of age discrimination could be made here since you are in a protected class (40 or older) and you can produce evidence that similarly situated but significantly younger employees who are not more qualified are being treated more favorably than you are.Unless the employer can articulate a legitimate reason for the difference in wages/hours, you would likely prevail in an age discrimination case, but it would be best to retain a local employment law attorney to guide you through the process.Here is a link that discusses how to prove a claim of age discrimination:http://www.introlaw.com/ed/articles/adea02.htmlHere is a link to file a complaint of age discrimination with the state:http://www.dfeh.ca.gov/Complaints_eCompProc.htm
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