CALIFORNIA AGE DISCRIMINATION LAW attorneys, lawyers
The California Fair Employment and Housing Act prohibits an employer from discriminating against any employee because that employee is over forty (40) years old. Because there is rarely “smoking gun” evidence of age discrimination, circumstantial evidence will usually suffice. An inference of discrimination is usually raised by showing that the employee,
In addition to raising an inference of discrimination in the manner set
forth above, an employee may do so via statistical evidence, comparative
evidence, or direct evidence. Direct evidence, such as discriminatory
comments made by the decisionmaker, is often the most persuasive.
However, in larger companies, it may be possible to use statistical
analysis to demonstrate that the employer systematically discriminates
against a particular race in hiring, promotions and terminations. Such
evidence would raise an inference that the action taken against a
particular employee of that race was also infected by racial animus or
prejudice. Comparative evidence also raises an inference of
discrimination by showing that different rules and standards were
applied for persons of different races.