Age Discrimination in the Workplace

Employment Law

Understanding Age Discrimination Law in California

Age discrimination remains one of the most pervasive forms of workplace bias in America. Despite decades of legal protections, older workers continue to face stereotypes about their capabilities, technology skills, adaptability, and value to employers. At The Law Offices of Farris Ain, we take these cases seriously because we have seen firsthand how devastating it is when a dedicated employee loses their livelihood simply because their employer wanted someone younger.

Federal Protection: The Age Discrimination in Employment Act

The Age Discrimination in Employment Act of 1967 (ADEA), codified at 29 U.S.C. §§ 621-634, is the primary federal law prohibiting age-based employment discrimination. The ADEA protects individuals who are 40 years of age or older from discrimination in any aspect of employment, including:

• Hiring and recruitment decisions
• Firing and layoff selections
• Promotions and advancement opportunities
• Compensation and benefits
• Job assignments and transfers
• Training and professional development

The ADEA applies to employers with 20 or more employees, as well as federal, state, and local government employers. It also prohibits retaliation against anyone who files an age discrimination complaint, participates in an investigation, or opposes discriminatory practices.

California’s Broader Protections Under FEHA

California provides significantly stronger protections against age discrimination through the Fair Employment and Housing Act (FEHA), Government Code sections 12900-12996. There are several critical differences between FEHA and the ADEA that benefit California workers:

• Lower employer threshold: FEHA applies to employers with five or more employees, compared to the ADEA’s 20-employee minimum. This means millions more California workers are protected.
• Broader scope of protections: FEHA covers not only hiring, firing, and promotion decisions, but also explicitly prohibits harassment and requires employers to take reasonable steps to prevent and correct discriminatory behavior.
• Stronger remedies: California courts can award compensatory damages, punitive damages, attorney’s fees, and injunctive relief. There is no cap on damages under FEHA, unlike some federal statutes.
• Individual liability: Under FEHA, individual supervisors and managers can be held personally liable for harassment, adding an additional layer of accountability.

Common Forms of Age Discrimination

Age discrimination can take many forms, some overt and some subtle. We have represented clients who experienced:

• Failure to hire: Being rejected for a position despite having superior qualifications, particularly when the employer hires a substantially younger candidate.
• Wrongful termination: Being fired and replaced by a younger worker, especially after years of satisfactory or excellent performance reviews.
• Forced retirement: Being pressured or coerced into retiring, or being told directly that it is “time to make way” for younger employees.
• Denial of promotions: Being consistently passed over for advancement in favor of younger, less-experienced colleagues.
• Hostile work environment: Enduring persistent age-related comments, jokes, or insults from supervisors or coworkers that create an intimidating or demeaning workplace.
• Disparate impact: Being subjected to facially neutral policies—such as technological proficiency tests or restructuring plans—that disproportionately affect older workers without legitimate business justification.
• Negative performance evaluations: Receiving unwarranted negative reviews after years of positive feedback, often used to create a paper trail justifying termination.
• Reduced hours or responsibilities: Having your duties stripped away or your schedule cut to push you toward resignation.

Proving an Age Discrimination Claim

To establish a claim of age discrimination, you typically need to demonstrate:

1. You are 40 years of age or older
2. You suffered an adverse employment action (termination, demotion, failure to hire, etc.)
3. You were performing your job satisfactorily at the time
4. You were replaced by or treated less favorably than a substantially younger person, or circumstances suggest age was a motivating factor

Direct evidence of discrimination—such as a supervisor saying “we need younger blood” or “you’re too old for this role”—is powerful but not required. Most age discrimination cases are proven through circumstantial evidence, including patterns of behavior, timing, disparate treatment, and pretext (showing the employer’s stated reason for the adverse action was not the true reason).

Damages and Remedies Available

Employees who prevail in age discrimination claims may be entitled to:

• Back pay: Lost wages and benefits from the date of the discriminatory action to the date of judgment
• Front pay: Future lost earnings when reinstatement is not practical
• Compensatory damages: Compensation for emotional distress, humiliation, and mental anguish
• Punitive damages: Additional damages intended to punish the employer for particularly egregious conduct (available under FEHA)
• Attorney’s fees and costs: Reimbursement of legal expenses incurred in pursuing the claim
• Reinstatement: Return to your former position, where appropriate

Time Limits for Filing

Acting promptly is critical. Under California law, you must file a complaint with the Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), within three years of the discriminatory act. For federal ADEA claims, you must file with the Equal Employment Opportunity Commission (EEOC) within 300 days in California (because it is a “deferral state” with its own agency). Missing these deadlines can permanently bar your claim, so we encourage you to contact an attorney as soon as possible.

“Experience is an asset, not a liability. If your employer treated you otherwise, they broke the law—and we will hold them accountable.”