Age Discrimination
In California, employees over the age of 40 are protected from age-based discrimination in the workplace.
State and federal laws prohibit employers from making decisions based on a worker’s age when it comes to hiring, firing, promotions, wages, job assignments, training opportunities, and other conditions of employment.
What Is Age Discrimination?
Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age. Common signs include:
- Being passed over for promotions in favor of younger, less-experienced employees
- Layoffs targeting older workers
- Comments about being “too old to keep up” or suggestions to retire
- Reduced job responsibilities or demotions without cause
- Job postings that favor “recent graduates” or use coded language implying a preference for younger candidates
Case Results
Legal Protections
Housing Act (FEHA):
Employment Act (ADEA):
These laws also make it illegal for employers to retaliate against someone who complains about age discrimination or participates in an investigation.
Filing a Claim
Employees who believe they have experienced age discrimination must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. These agencies investigate complaints and may issue a “right-to-sue” notice that allows the employee to move forward in court.
Compensation and Remedies
If age discrimination is proven, victims may be entitled to: