Navigating age discrimination in the California workplace

If you are 40 years of age or older, California and federal employment laws protect you against age-related discrimination in the workplace. Age discrimination comes in many forms – examples include the following:

• An employer refuses to employ older job applicants that are equally or better suited to the role than other, younger candidates.
• An employer fires their employees when they reach an age over 40.
• An employer fails to promote employees because they are 40 or older.
• Employers, managers, supervisors, or colleagues make repeated and severe age-related jokes, comments, and other forms of age-based harassment in the workplace.

No one deserves to feel unsafe, unwanted, or undervalued in their workplace. If you believe you are a victim of age discrimination, you have every right to take action against your employer.

Find out more about age discrimination in California below, and please do not hesitate to contact our team for personalized advice.

Is workplace age discrimination illegal?

In California, age discrimination in the workplace (including employment agencies, unions, and apprenticeship training programs) is against the laws set out in the California Fair Employment and Housing Act (FEHA). However, keep in mind that protections only apply if you are 40 years or older.

In most cases, age discrimination is founded on age-related stereotypes and generalizations about certain groups’ qualifications, skills, productivity levels, abilities, beliefs, and health. As a result, older workers may fall victim to preconceived, often inaccurate notions – for example, that they are not computer literate or are slow learners – that prevent them from pursuing opportunities they are qualified for.

Was I discriminated against because of my age?

Every age discrimination case looks different. Sometimes, an employer’s actions are clearly discriminatory. Other times, it can be challenging to prove whether your denial of employment benefits was related to your age. So, what might age discrimination look like? What kinds of adverse actions constitute age discrimination?

If you have experienced any of the following because you are 40 years or older, you may have a viable age discrimination case:

• You were fired, laid off, or forced to quit.
• Your employer failed to promote you.
• Your employer demoted you.
• You were denied equal pay or had your salary reduced.
• You were forced to transfer.
• Your employer denied your medical leave request.
• Your work environment is not free of frequent and severe discrimination, such as jokes and off-handed comments from supervisors, colleagues, and other staff.

Employers don’t tend to tell employees outright that they are being fired, demoted, or refused a promotion because they are 40-plus years old. That doesn’t mean you aren’t experiencing age discrimination. Signs that age has played a role in your denial of a benefit include:

• You have worked for the company significantly longer than the person(s) who is awarded the benefit.
• Your employer has a habit of terminating employees with higher salaries.
• Older staff members tend to be allocated lower-level responsibilities.
• Your job performance reviews changed suddenly when you reached a certain age.
• Leaders in your company celebrate a ‘young’ corporate culture.
• Older employees are ‘forced’ to retire under the guise of a ‘mandatory retirement age.’

Let’s dig a little deeper into some of the most commonly cited signs of age discrimination.

Your employer treats older employees with higher salaries unfavorably

Generally, employees who demonstrate company loyalty and long-term performance are awarded higher salaries than new hires. Similarly, employees with more experience – who tend to be older than those with little to no experience – also expect a higher pay rate. It makes perfect sense.

Sometimes, companies let higher-paid workers go in an effort to save money. On the surface, salary is the key differentiator. But if the terminations disproportionately impact older employees as a group, age discrimination is likely at play.

Your employer almost exclusively recruits workers under 40

Refusing to consider a job applicant because they are 40 or older is against the law, but some employers leverage workarounds to unjustly keep their workforce younger. For example, an employer may exclusively source new hires through college, school, or university programs.

A prospective employer asks you for your age as part of your job application

Employers have the right to ask job applicants for their age or birth date. However, if a prospective employer asks for your age and promptly dismisses your application, they could be discriminating.

Managers, supervisors, colleagues, and other members of your workplace make harassing age-related comments

Have you been on the receiving end of a joke about your age, only to be told to ‘lighten up'? One-off comments might not be enough to substantiate a claim against your employer. But, if the comments are persistent, severe, and make it difficult to do your work, you could have a valid age discrimination claim.

How can an employment lawyer help me?

Contact an employment lawyer if you believe you have been discriminated against because of your age and are ready to file a claim. With the help of an experienced attorney, you can claim several types of damages, including:

• Back pay
• Bonuses
• Emotional distress, pain, and suffering
• A higher wage from a promotion or raise
• Benefits

Age discrimination cases can be complex and difficult to prove. However, an employment lawyer can help you achieve your desired outcome by undertaking the following:

• Collecting evidence and information relevant to your case
• Examining and applying the law to the facts
• Building a robust strategy that side-steps some of the common mistakes employees make when filing a claim without a lawyer
• Increasing the damages payable by your employer

Reclaim the damages you are owed

If you feel you have a legal claim against your employer or another staff member for age discrimination, it’s time to reclaim the damages you are owed. The first step is reaching out to qualified counsel.

At Employee Law Group, we have over three decades of experience helping employees like you protect their rights and secure the compensation they deserve under the law.

Contact us today to schedule your confidential consultation.