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Age Discrimination Lawyers

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Workplace Discrimination > Age Discrimination

What Is Age Discrimination in California?

Age discrimination occurs when a covered employer treats an employee or job applicant who is 40 or older unfavorably because of their age. California law prohibits age discrimination in hiring, promotions, compensation, training, job assignments, layoffs, and termination. Protection begins at age 40—not at retirement age.

What Laws Protect Older Workers?

California’s Fair Employment and Housing Act (FEHA), including Government Code § 12940, generally prohibits age discrimination by employers with five or more employees. The federal Age Discrimination in Employment Act (ADEA) also protects people age 40 and older and generally covers private employers with 20 or more employees. Public-employer coverage follows additional rules.

A younger person receiving favorable treatment can also be over 40. The age difference and surrounding evidence matter; the other person does not necessarily have to fall outside the protected age group.

Examples of Potential Age Discrimination

  • Biased hiring: Rejecting a qualified applicant because a manager wants a “younger team” or assumes older applicants cannot learn new technology.
  • Denied advancement: Passing over an employee for promotion because of assumptions about retirement plans or age-related abilities.
  • Excluded training: Withholding professional development because management believes investing in older workers is not worthwhile.
  • Discriminatory layoffs: Selecting employees for dismissal because of age while retaining substantially younger employees in comparable circumstances.
  • Pressure to retire: Pushing an employee out because of age rather than assessing their work and qualifications individually.

How Can You Recognize Signs of Age Discrimination?

Consider the circumstances surrounding the employment decision:

  • Did decision-makers make comments about your age, retirement, or being “too old”?
  • Were substantially younger employees treated differently in comparable situations?
  • Did your employer’s explanation conflict with your performance reviews or other records?
  • Were age-related assumptions used to justify removing responsibilities or opportunities?
  • Do the timing, selection criteria, or treatment of other employees suggest a broader pattern?

Being 40 or older and experiencing an unfavorable decision does not automatically establish discrimination. Employers may make legitimate decisions based on performance, qualifications, or business needs. The evidence must connect the challenged treatment to age.

What Should You Do if You Suspect Age Discrimination?

Preserve relevant records you can lawfully retain, including performance reviews, job postings, termination notices, messages, and a timeline of age-related comments or decisions. If you receive a severance agreement, consider obtaining legal advice before signing a release of claims.

An attorney can evaluate the employer’s explanation, available evidence, filing deadlines, and appropriate complaint process. California and federal claims have different requirements, so seek guidance promptly.

Learn more: California Civil Rights Department employment protections and EEOC guidance on age discrimination.

Request a Free Case Review

If you believe age affected your hiring, advancement, layoff, or termination, contact Matern Law Group to discuss your circumstances and legal options.

California age discrimination claimAge discrimination is a significant issue that can take many forms, affecting California’s 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.

What Counts as Age Discrimination Under FEHA?

California’s Fair Employment and Housing Act (FEHA) protects employees and job applicants who are 40 years old or older from age discrimination. The protected-age threshold is 40—not 50, 55, or retirement age. Age discrimination occurs when a covered employer makes an unfavorable employment decision because of a person’s protected age. Examples may include:
  • Hiring: Rejecting a qualified applicant because they are considered “too old” or expressing a preference for younger candidates.
  • Promotions: Denying advancement because of assumptions about an older employee’s abilities.
  • Pay and benefits: Providing less favorable compensation because of age.
  • Termination or layoffs: Selecting an employee for dismissal because they are 40 or older.
  • Forced retirement: Pressuring or requiring an employee to retire because of age, outside a legally permitted exception.
FEHA’s employment discrimination protections generally apply to private employers with five or more employees and to state and local public employers. Its protections against age-based harassment apply to workplaces of all sizes. Being 40 or older does not make every unfavorable decision discriminatory. Employers may make decisions for legitimate, nondiscriminatory reasons. Age-related comments, inconsistent explanations, and patterns of treatment can help an attorney evaluate whether age influenced the decision. Other Forms of Age Discrimination
  • Compensation and Benefits: California’s employers must not reduce a person’s salary or benefits because of their age. For instance, a California  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.
  • Harassment: California 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: California 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’ve Been Age Discriminated

  • 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: Our California 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 (Older Employees)

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 a California 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.
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Did You Know?

Age Discrimination Laws
The Federal Age Discrimination in Employment Act of 1967 prohibits age discrimination in employment to workers who are 40 years of age or older.
Age Discrimination in Employment Act (ADEA)
The ADEA forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.

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