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.
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Frequently Asked Questions
Age discrimination occurs when an employee or job applicant is treated unfairly because of their age, typically affecting those 40 and older. California law prohibits such discriminatory practices in hiring, promotions, termination, and other employment decisions.
California employees are protected under the California Fair Employment and Housing Act (FEHA) and federal law through the Age Discrimination in Employment Act (ADEA).
Individuals 40 years and older are protected against workplace discrimination, including hiring, firing, promotions, pay, and other employment conditions.
Employers cannot make hiring decisions based on age. Examples include excluding older candidates from job postings or preferring younger applicants solely because of age.
Signs may include being passed over for promotions, forced early retirement, being subjected to derogatory comments about age, or receiving different job assignments compared to younger coworkers.
You must show that age was a factor in employment decisions. Evidence may include emails, statements, performance evaluations, or patterns of preferential treatment for younger employees.
You must file a complaint with the California Civil Rights Department (CCRD) within one year of the discriminatory act. Federal complaints with the EEOC generally have a 300-day filing window.
Remedies can include reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorney’s fees.
Wrongful termination can involve any illegal reason for firing, including retaliation or breach of contract. Age discrimination specifically involves unfair treatment due to age.
No, employers cannot ask about a candidate’s age or graduation year, as it may indicate discriminatory intent.
Typically, you file a complaint with the CCRD, which investigates the claim. If unresolved, CCRD may issue a Right-to-Sue notice, allowing you to file a lawsuit in state or federal court.
FEHA often provides broader protections than the ADEA, including more potential damages and coverage for smaller employers who may not be subject to federal law.
Keep emails, performance reviews, witness statements, and notes on discriminatory comments or actions to strengthen your case.
No. California law prohibits employers from retaliating against employees for filing a complaint or participating in an investigation.
You can file online, by mail, or in person with the CCRD for state claims, or with the EEOC for federal claims. A qualified attorney can guide you through the process to protect your rights.
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.
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Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.
