In California, employees are protected from age discrimination under both federal and state laws. The primary federal law is the Age Discrimination in Employment Act (ADEA), which protects individuals who are 40 years of age or older from employment discrimination based on age. California’s counterpart is the Fair Employment and Housing Act (FEHA), which offers similar protections and applies to employers with 5 or more employees, a lower threshold than the ADEA’s requirement of 20 or more employees. Here are key rights and protections under California’s FEHA regarding 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 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.
- Promotions 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 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.
In cases of suspected discrimination, employees can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies can investigate the matter and may offer remedies such as back pay, reinstatement, and changes in the employer’s practices to prevent future discrimination. We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.
