Age Discrimination Under California Labor Laws

Find A Labor Law Attorney for Age Discrimination Claims in California

The Fair Employment and Housing Act (FEHA) and the Federal Age Discrimination in Employment Act prohibit discrimination based on age in the workplace in California (ADEA). Therefore, employees in California who are forty years old or older are covered by anti-discrimination statutes. If this happened to you, contact a California Labor Lawyer as soon as possible.



What Qualifies as Age Discrimination in California?


Discriminating against an employee because they are much too young for the job is not unlawful in California. However, if the same employer refuses to offer someone a job, a promotion, or a project because they are too old, they are breaking the law.


According to the California Fair Employment and Housing Act, employers cannot discriminate against anyone beyond the age of 40. When you claim there's been workplace discrimination, your California Employment Attorney should prove that the target employee:

  • Is a member of a protected group (over 40 years of age)

  • Has been subjected to retaliation at work, such as a demotion, termination, or suspension.

  • Can show that under the same circumstances, other employees outside the protected class were treated better.

If you are 40 years old or older and have been the victim of unjust termination, demotion, or harassment at work because of your age, you must report it right away.


Employers may not include age preferences, limitations, or specifications in job advertising, and they may not inquire about an applicant's age or date of birth during a job interview.


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How Do I Know I'm A Target of Age Discrimination At Work?


Individuals have the right to sue an employer for age discrimination and be reimbursed for damages such as lost earnings, benefits, and emotional anguish under the Federal Age Discrimination Act and the California Fair Employment Housing Act.


The following are some examples of age discrimination in the workplace:

  • Being turned down for a job because the company preferred a younger candidate.

  • Being fired as a result of the employer's desire to retain a younger workforce.

  • Being passed over for a promotion because the boss preferred someone younger.

  • Harassment, slurs, or mockery because of your age.

  • The employer only laid off older staff during the company's layoffs.

  • Receiving a poor job review because your boss thinks you're too old for the position.

If any of these situations happened to you, you should contact an experienced California Employment Lawyer to review the facts of your case. An experienced lawyer can contribute to the success of your case.

It is illegal to discriminate against an employee because of his or her age in any employment decision, which includes (but not limited to) hiring, firing, promotion, layoffs, salary, job assignments, training, and employment benefits, under the ADEA and FEHA.


What Are the Types of Evidence I Need for an Age Discrimination Claim?

  • There is photo and video evidence. Keep track of the indications if you feel you're being discriminated against or retaliated against. For example, take images of your employer or HR ignoring coworkers who are discriminating against you.

  • However, you should be aware that gathering this type of proof (i.e., filming another person) can escalate existing tensions (or, worse, disputes), so proceed with caution.

  • Messages sent by electronic means. Your work emails, chat rooms, and text messages could be proof that you're being discriminated against, harassed, or retaliated against. Keep any emails or discussions in which your employer or HR explicitly implies that you're being fired for illegal reasons.

  • Pay stubs, time cards, and written notices are all examples of documentation. These documents could be used as proof that your employer has begun to retaliate against you (i.e., demotions, suspensions, and pay cuts). So if you've recently filed a Labor Law Claim with an agency, these are very crucial to keep an eye on.

While there's so much proof you can gather by yourself, you still might face difficulties when either your work environment is already hostile, or you've already been Wrongfully Terminated as a result of the discrimination.

Hiring an experienced Employment Law Attorney in California can help with more thorough investigations into your case.

How Much Is My Age Discrimination Claim Worth?


Your California Employment Law Attorney will assist you in calculating all damages, including non-economic ones, when filing a claim for damages.


When calculating the price of a claim, the following factors are frequently considered:

  1. Wages You Lost. The employee has lost the total amount of pay from the time of termination, suspension, and demotion. In addition, future wage loss may be considered in some circumstances if the employee has been Wrongfully Terminated and was unable to find a new employment through trial or settlement.

  2. Loss of Benefits. The loss of benefits is also factored into the calculation of lost wages. Thus, if a terminated employee is compelled to pay for insurance coverage after being fired, for example, the employers may be held liable for these out-of-pocket expenses.

  3. Emotional Distress. The cost of emotional distress resulting from being harassed, discriminated against, and retaliated against can be considered part of the settlement. Recovery for emotional distress damages is most likely when the alleged activities were particularly egregious, such as allegations of harassment or discrimination.


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What if My Boss Tries to Get Back at Me?


It's vital to highlight that anyone who participates in the investigation process is protected from all forms of workplace harassment and retaliation. In addition, other acts that oppose workplace discrimination are legal as long as the worker did so because he or she felt California Employment Laws were being broken.


If your boss punishes you by demoting, suspending, cutting your wages, or firing you for filing a complaint of age discrimination, you now have a Retaliation Claim.


Find An Age Discrimination Attorney in California


Gency.org can help you find a Contingency Lawyer for your Employment Cases in California. No win, no fees! You can complete our submission form for a free case review.

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