California workplace Age Discrimination attorney
Federal Law and State laws make it unlawful for employers to discriminate against older persons on the basis of age. Your employer may not discriminate against older persons in any aspect of their employment, including but not limited to hiring, pay, benefits, workplace opportunities, performance reviews, physical or verbal treatment, assignments, and firing.
Unfortunately, despite age discrimination laws making discriminatory practices illegal, it is not uncommon in the workplace. According to recent studies, approximately 1 in 5 workers over the age of 40 report having personally experienced age-related discrimination. If you believe you are experiencing age discrimination, you are not alone.
Read below to learn more about your civil rights and about what steps to take to prove your case.
What is workplace Age Discrimination?
Workplace age discrimination occurs when an employee or job applicant is treated unfairly because of their age. The Age Discrimination in Employment Act of 1967 (ADEA) and the California Fair Employment and Housing Act (FEHA) both prohibit employers from discriminating against employees on the basis of their age. The ADEA and the FEHA protect employees who are 40 years of age or older. Age discriminating can impact employees and job applicants. Age may not impact ones status in the workplace, or impact employment practices including hiring, pay, benefits, workplace opportunities, performance reviews, physical or verbal treatment, assignments, layoffs, and termination.
Discrimination based on age is illegal, whether it is intentional or not. For example, it is illegal for employers to fire higher paid employees as a way to save money if the practice targets older workers, even if the practice is not explicitly about age.
The Federal Government’s Older Workers Benefit Protection Act further prohibits employers from using an employee’s age as the basis for discrimination in retirement benefits, makes it illegal for employers to target older workers in staff-cutting programs, and prevents employers from requiring older workers to waive their rights to sue.
Examples of Age Discrimination in the Workplace
Age discrimination does not always appear as an obvious or stated reason. It is often reflected in patterns of unequal treatment or decisions that disproportionately affect older employees.
Common examples include:
- Refusing to hire qualified candidates because they are perceived as too old
- Replacing older employees with younger, less experienced workers
- Passing over older employees for promotions in favor of younger colleagues
- Forcing or pressuring employees into early retirement
- Using terms like “overqualified” to exclude older candidates
Workplace Patterns to Watch For
- Sudden negative performance reviews after years of positive feedback
- Exclusion from training, meetings, or advancement opportunities
- Layoffs that disproportionately affect older employees
- Increased scrutiny or unrealistic expectations applied only to older workers
Even if an employer provides a reason for its actions, it may still be unlawful if that reason is a pretext for age-based bias.
Ageist Harassment
Unfounded stereotypes about older workers can drive age discrimination. Ageist stereotypes include ideas that older employees don’t understand technology as well as younger workers, are resistant to change, are complacent, are difficult to manage, and are too highly compensated.
Harassment, including the use of ageist stereotypes, jokes, and offensive comments regarding age, is also illegal in the workplace if the harassment is considered severe or pervasive so as to rise to the level of creating a hostile work environment.
Remote Work
If you work remotely, the legal standard for proving age discrimination remains the same. Although you have less face-to-face interaction with coworkers, you may experience age discrimination in a remote office space.
Employer Retaliation
The law protects employees who report unlawful discrimination at work. If you make a complaint of discrimination or harassment to your employer or human resources representative, resist discrimination or harassment in the workplace, or participate as a witness in a discrimination or harassment complaint made by a co-worker, your employer may not treat you unfavorable as a result. If your employer has treated you differently because you reported or resisting any form of discrimination or harassment, your employer has retaliated against you and broken the law.
what to do If you are Experiencing age Discrimination at Work
If you believe you may have age discrimination claims, you may be entitled to compensation including back pay, emotional distress damages, and punitive damages, under federal and state laws. Take the following steps to support your case:
Save Evidence: Record all relevant events or interactions in writing. Save related emails, notes, and documents.
Report the Discrimination: Report the discrimination directly to your employer. If your employer does not correct their behavior, you may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) (if your employer has more than 15 employees) or with the California Department of Fair Employment and Housing (DFEH) (if your employer has more than 5 employees).
There is a 300-day deadline to file with the EEOC and a 3-year deadline to file with the DFEH.
Find an Attorney: Reach out to an employment attorney.
How to Prove an Age Discrimination Claim
To prove an age discrimination claim, you must show that age was a factor in the employer’s decision and that it caused harm.
Key Elements to Establish
- You are 40 years of age or older
- You were qualified for your position or performing adequately
- You experienced an adverse action (e.g., termination, demotion, denial of promotion)
- Your age was a contributing factor in that decision
Evidence That Can Support Your Claim
- Comments or statements related to age
- Performance reviews and employment records
- Evidence that younger employees were treated more favorably
- Sudden changes in evaluations or expectations
- Patterns of layoffs or promotions affecting older workers
Proving Patterns and Pretext
Age discrimination is often shown through inconsistencies, such as:
Replacement by significantly younger employees
Shifting explanations for decisions
Reasons that do not match documented performance
Can You Sue for Age Discrimination?
Yes. If your employer made decisions based on your age, you may have the right to file a civil claim.
Claims may be brought against:
- The employer
- Management or decision-makers involved
- The organization, if it failed to prevent discrimination
You do not need direct evidence of bias. Many cases are based on patterns and circumstantial evidence.
What Is the Statute of Limitations for Age Discrimination Claims?
There are deadlines for filing age discrimination claims, and they depend on the type of claim and the process involved.
In many cases, you must first file a complaint with a government agency before pursuing a lawsuit. Missing these deadlines can prevent you from bringing a claim.
Because these timelines can vary, it is important to act promptly and seek legal guidance.
Compensation for Age Discrimination
If your claim is successful, you may be entitled to compensation for the impact of the discrimination.
Economic Damages
- Lost wages and benefits
- Lost future earnings or career opportunities
Non-Economic Damages
- Emotional distress and anxiety
- Damage to professional reputation
Additional Remedies
- Reinstatement or promotion
- Correction of employment records
- Workplace policy changes
How an Age Discrimination Lawyer Can Help
Age discrimination cases often involve subtle bias and complex evidence. A lawyer helps build a strong, structured case.
Case Evaluation
Assess whether your situation qualifies as discrimination.
Evidence Development
Gather records, communications, and comparative evidence.
Legal Filings and Deadlines
Ensure all procedures are handled properly and on time.
Negotiation and Representation
Pursue a fair resolution or represent you in court if necessary.
Why Choose Our Firm
Proven Results
We have recovered significant compensation for clients in employment and civil rights cases.
Focused Experience
Our practice centers on employment law, including discrimination claims.
Trial-Ready Approach
We prepare every case as if it will go to trial.
Clear Communication
We keep you informed at every stage of your case.
Contact an age discrimination attorney today
Avloni Law is a law firm dedicated to fighting for your right to a workplace free of unlawful discrimination and harassment. Navruz Avloni is an experienced employment attorney and has successfully represented numerous clients in discrimination cases.
Frequently Asked Questions
Am I protected from age discrimination if I am under 40?
Federal law specifically protects individuals aged 40 and older, though some protections may still apply under state law.
Can I be replaced by a younger employee?
Not if the decision is based on age. Replacing an older employee with a significantly younger one may support a claim.
Is being called “overqualified” a form of discrimination?
It can be, depending on the context. This term is sometimes used to mask age-related bias.
Do I need proof to file a claim?
You do not need complete proof to get started. A lawyer can help evaluate and build your case.
Can I sue if I was not fired?
Yes. Discrimination can include denial of promotions, unequal treatment, or other adverse actions.
How long does an age discrimination case take?
The timeline varies depending on the complexity of the case and whether it is resolved through settlement or litigation.
