California Workplace Age Discrimination

Age discrimination is a significant issue that can take many forms, affecting employees’ rights and workplace opportunities. Both federal and state laws protect employees from unfair treatment due to their age, ensuring they can work free of bias of retaliation.

Age Discrimination Protections Under Federal and California Laws

Employees in California are protected from age discrimination by two key laws:

The Age Discrimination in Employment Act (ADEA): This primary federal law protects individuals who are 40 years of age or older from employment discrimination based on age and prohibits employers with 20 or more employees from making adverse employment decisions based on employee age.

The Fair Employment and Housing Act (FEHA): California provides additional protections to the ADEA, including more robust remedies and protections against harassment and retaliation, and applies to employers with five or more employees, making it especially valuable for employees in smaller workplaces.

Common Forms of Age Discrimination

• Hiring and Firing: Employers cannot make hiring or firing decisions based on an employee’s age. For example, an employer cannot refuse to hire someone because they think the person is in the wrong age group or is too old to fit into the company’s “young” culture, nor can they fire older employees simply to replace them with younger, less expensive labor.
• Promotion and Job Assignments: Employees are protected against discrimination in promotions and job assignments. This means an employer cannot deny an older employee a promotion due to age or assign them to less desirable tasks based on the assumption that they may retire soon.
• Compensation and Benefits: Employers must not reduce a person’s salary or benefits because of their age. For instance, an employer cannot choose to pay older employees less than younger employees doing the same job under the assumption that older employees need less money or are less productive.
• Training and Development: Older employees must have equal access to training and professional development opportunities. Employers are not allowed to exclude older employees from training programs on the basis that they may not stay with the company long enough to justify the investment.
• Harassment: Age-based harassment is illegal. This can include, but is not limited to, offensive or derogatory remarks about a person’s age. While offhand comments or isolated incidents may not rise to the level of illegality, frequent or severe harassment creating a hostile work environment is prohibited.
• Retaliation: Employees are also protected from retaliation if they complain about age discrimination, file a charge, or participate in an investigation or lawsuit involving age discrimination.

Steps to Take If You Experience Age Discrimination

• Document Incidents: Keep detailed records of any discriminatory comments, actions, or decisions. Include dates, times, individuals involved, and the context of each incident.
• Consult with an Age Discrimination Lawyer: Age discrimination lawyers can help evaluate your case and guide you through the process of filing a claim. Lawyers skilled in employment law understand the nuances of both state and federal regulations and can build a strong case on your behalf.
• File a Complaint: Before pursuing legal action, you must file a complaint with the California Civil Rights Department  (CRD) or the federal Equal Employment Opportunity Commission (EEOC). This step is necessary to exhaust administrative remedies before filing a lawsuit.

Filing a Discrimination Claim

California law generally requires employees to file with the CRD within three years of the discriminatory act, with some exceptions. The CRD investigates the complaint and may resolve it through mediation or issue a “right to sue” notice, allowing the employee to file a lawsuit.

Proving age discrimination involves demonstrating:

• You are 40 or older.
• You were qualified for your position.
• Your employer took adverse action against you (e.g., termination, demotion).
• The action was motivated by your age.

How an Age Discrimination Lawyer Can Help You

Navigating an age discrimination case can be overwhelming, but experienced attorneys can assess your case, gather evidence, negotiate with your employer, and represent you in court if needed. Hiring age discrimination lawyers ensures your rights are protected and maximizes your chances of a favorable outcome.

Contact a California Age Discrimination Lawyer Today

If you’ve faced age discrimination or other forms of ageism, contact us today for a consultation. We’ll evaluate your case, help you file a complaint, and pursue the justice you deserve.