Legal Question in Discrimination Law in California

Re: Age discrimination

I would need a lot more factual information before answering this, but almost certainly the answer is "no".

I am sure that many other factors were involved in the decision, and, without knowing more, would be very surprised if age played any factor, perhaps minor, in the decision.

If you were able to prove that that age was the sole reason for the change, it would still be very unlikely that an action for discrimination under the Civil Rights Act and/or XIVth Amendment would hold water.

Re: Age discrimination

That last response really didn't explain the law. . .

Proving that a company fired you because of your age is hard to do, and the courts realize that (to some extent.)

In these cases there is a pattern of proof that the courts have created. You have an initial burden of proof -- which requires a small amount of evidence, to show that

you are over 40, were performing to expectations, and were replaced by someone younger.

The company is then required to come forward with evidence that the reason you were fired had nothing to do with age.

You are then required to then prove one of two things (1) that the reason the company gave is not believable, or (2)that the real reason for your firing was age.

You have to jump through the hurdles above to get to a jury trial. (If you can't present enough evidence on these issues a judge will throw the case out -- and that could take a year or two, and a bit of money. . .)

Is the case "actionable" is not necessarily a precise question. Anyone can make a claim -- the question is whether the time and effort is worth the probable amount received. Even if your case is weak you might be able to negotiate a severance, or a higher one than is offered.

Feel free to call (# is on my website knisbacherlaw.com) or email to discuss further.

Re: Age discrimination

Just a slight edit to my last answer:

Before the jury trial you don't have to "prove" anything -- you have to show a judge substantial evidence from which a jury could decide that the company's reason is false, or that the real reason was age discrimination. . .

At the jury trial you ultimately have to convince the jury that the real reason was age discrimination. . .