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Age Discrimination in Sales Jobs in California

6/16/2015

 
older-worker-age-discrimination
It is not a secret that many companies strongly prefer that their sales stuff consist of physically attractive individuals - be it very young and attractive women, or men with presence and confidence who are, again, young.   It has been recognized for many generations in business that beauty sells, and younger, more attractive people sell more and better. However, this kind of attitude toward hiring and selection of sales people in any industry perpetuates discriminatory employment practices against older workers, thereby turning them into victims of something that is completely out of their control, and something that awaits each and every one of us - being older.

Age discrimination at workplace is prohibited by law in California. The California Fair Employment and Housing Act prohibits not hiring, termination or otherwise discriminating against potential or existing employees based on age. Of course, the vast majority of employers this day and age know better than to tell an employee outright that they terminate him because of age and they find far more subtle ways of getting rid of older workers, most common of which are fake lay-offs as a disguise for getting rid of older workers and fabricated performance issues. 


There are creative ways to prove age bias and discrimination by the employer against an older employee through the so-called "circumstantial" evidence. This typically includes encouraging an employee to retire early, giving an employee age-based nicknames such as "dad" or "father time" or "oldie" or "grandpa," making such comments as "we need fresh blood in here" or "we need someone faster," or systematically replacing older workers with the younger once due to fabricated performance issues. This kind of evidence may be critical in trial or in any attempt to settle your age discrimination claim. Therefore, it's very important that you preserve as much of the documentation as possible that would reflect one or more of the above kinds of facts in order to prove your age discrimination and/or wrongful termination case. 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
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  • Submit Case
  • Contact
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    • Statutes of Limitations
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    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case