Age Discrimination Attorney
Age should never be a barrier to fair treatment at a job. Yet many employees over the age of 40 face bias when it comes to hiring, promotions, layoffs, and day-to-day workplace decisions. If your career has been negatively impacted because of your age, an age discrimination lawyer in California from our team can advocate for you.
At California Civil Rights Law Group, we represent employees who’ve been overlooked, pushed aside, or retaliated against based on their age. Our legal team is committed to protecting older workers and holding their employers accountable for violating age discrimination laws.
What Is Age Discrimination?
Age discrimination occurs when an employee is treated less favorably by their employer because of their age. In most cases, the law protects workers 40 years of age or older. This type of discrimination can be direct, such as comments that were made or decisions implemented that clearly relate to age. They can also be indirect, like certain job standards that unfairly impact older employees.
Examples of different types of age discrimination might include:
- Replacing older workers with younger, less experienced employees
- Passing over a qualified older employee for a job promotion
- Making repeated comments about retirement or an employee’s energy/stamina
- Reducing job responsibilities or assigning less desirable tasks
- Targeting older workers specifically during layoffs
- Offering different compensation and benefits based on age
Even if the signs are subtle, like being excluded from meetings or left out of important training opportunities, it could be a part of a broader pattern of age-related bias.
Laws That Prohibit Age Discrimination in California
California has some of the strongest worker protection laws in the country, including those that fight against age discrimination practices. There are also federal laws that prohibit employers from discriminating based on an employee’s age.
Age Discrimination in Employment Act (ADEA)
This federal law applies to all workers aged 40 and older. Specifically, it covers employers with 20 or more employees and prohibits discrimination in the following:
- Hiring
- Promotion
- Compensation
- Benefits
- Termination
Other work conditions may also qualify.
Fair Employment and Housing Act (FEHA)
This state law takes things a step further. It applies to California employers who have five or more employees and makes it illegal to discriminate against or harass workers who are over the age of 40. It also requires employers to actively prevent discrimination and take it seriously.
Additional Age Discrimination Protections
Other key protections for older workers include:
- Older Workers Benefit Protection Act (OWBPA): Prohibits reducing or denying benefits to older employees
- California Government Code Sections 12940-12951: Provides additional enforcement and allows for broader types of compensation under state laws.
Together, these laws make it absolutely clear that age discrimination in the workplace in the state of California is not tolerated.
Protections for Older Workers
Older workers are considered a protected class under both federal and state laws. That means employers cannot treat employees over the age of 40 differently. This protection extends to every stage of employment — from job applications and promotions to severance agreements.
Under California law, protected rights include:
- Equal consideration during hiring processes and promotions
- Freedom from age-based harassment
- Protection against being forced to retire or pressured to quit
- Equal access to the same benefits and opportunities as younger workers
- Freedom from retaliation after lodging a complaint or participating in an investigation
Age discrimination can overlap with other forms of discrimination. For example, older workers who also have chronic health conditions may qualify for accommodations under disability laws.
Proving an Age Discrimination Claim
To file a successful claim, you need to prove that your age played a role in how you were treated while at work. This can be challenging, especially when employers try to play off their decisions as performance-related or based on “fit.”
You do not need direct evidence to make a case. Age discrimination can be proven with a mix of direct, circumstantial, and comparative evidence, such as:
- Comments about your age, inappropriate jokes, or assumptions about retirement
- Older employees being penalized more harshly than younger employees
- Companies that consistently hire or promote younger employees over older, qualified ones
- A demotion or termination after years of satisfactory performance
In California, the law allows you to request access to your personal records and all internal communications, which can then serve as evidence.
To move forward with a legal case, your age discrimination lawyer in California from our team can help you with the following steps:
- File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC)
- Obtain a Notice of the Right to Sue, if needed
- Build a strong claim using timelines, evidence, and legal arguments
- Negotiate a settlement or file a lawsuit for compensation
A lawyer may also help gather testimony from coworkers or analyze data to showcase discriminatory patterns.
Age Discrimination in the Workplace
Age discrimination in the workplace can be hard to spot. Many employers are subtle with their language to hide bias, such as claiming an employee is not “tech-savvy” enough or doesn’t “fit in with the culture.” But when these patterns start to disproportionately impact older workers, they may be violating age discrimination laws in California.
Age-based harassment also falls under the umbrella of discrimination. This includes jokes, insults, or repeated comments that create a hostile work environment. If your workplace has made you feel unwelcome or targeted because of your age, you may have a valid legal claim.
Time Limits to File a Claim
If you believe you’ve been the target of age discrimination, it’s important to act fast. There are specific time limits for filing a claim, and missing a deadline means you can lose your right to pursue compensation.
Here’s what you need to know about the statute of limitations:
- Under California Law: You have three years from the date of the discriminatory act to file a complaint with the CRD
- Under Federal Law (ADEA): You typically have 180 days to file a charge with the EEOC, but this deadline extends to 300 days for anti-discrimination laws
Once your complaint is filed, you may receive a Notice of the Right to Sue, which can allow you to file a lawsuit in civil court. You usually will have one year from the date of that notice to proceed.
Given these strict deadlines, it’s a good idea to consult with our California age discrimination lawyers as soon as possible. We can guide you through the process and make sure you meet all the requirements on time.
Benefits of Hiring an Age Discrimination Lawyer
Facing workplace discrimination can put you in a very stressful situation, especially when it’s impacting your income, reputation, or future employment opportunities. An experienced age discrimination lawyer in California from our firm can help level the playing field and ensure that your voice is heard.
Specifically, our team can help you in these key ways:
- Explain what laws apply to your situation and whether your employer’s actions crossed the line
- Gather evidence and records that showcase bias or retaliation
- Meet all filing deadlines with the appropriate agencies or court
- Push for back pay, front pay, emotional distress damages, and legal fees
- Handle the complexities of your claim to ease the pressure you are under
Our lawyers for age discrimination in California work on a contingency basis, which means you don’t pay legal fees unless your case is successful, allowing you to focus on your recovery. We’ve helped clients across the state recover compensation and move forward after employment discrimination, and we can help you, too.
Qualities of a Top Age Discrimination Lawyer
Choosing the right age discrimination attorney is one of the most important decisions you will make for an age discrimination case. You want a lawyer who understands both the legal aspects as well as the emotional complexity of age-related bias.
These qualities in age discrimination lawyers are essential:
- Experience in employment law with a focus on age-related cases
- Familiarity with California discrimination laws and federal laws
- Strong ability to negotiate in order to resolve claims outside of court when possible
- Willingness to go to trial if a fair settlement can’t be reached
- Compassion and clear communication so that you understand every step of the way
At California Civil Rights Law Group, our team brings years of experience and a client-first approach to every case we take. We don’t represent corporations — we stand with workers across California who’ve been treated unfairly.
Consult Our Skilled Age Discrimination Attorneys Today
Being treated unfairly in the workplace because of your age can feel defeating. But you don’t have to fight back alone. Contact us to find out how we can protect your rights today.
Frequently Asked Questions
Age discrimination occurs when someone over 40 is treated in an unfair way in any part of employment because of their age. This includes hiring, promotions, pay, and job assignments, as well as training, benefits, discipline, and termination.
To build a strong age discrimination lawsuit, you’ll need to show:
- You’re over the age of 40
- You were qualified for the position you had and performed your job well
- You suffered a negative employment action
You also need evidence that your age was the motivating factor in that decision.
You can prove discrimination with direct evidence, like comments or jokes related to age, or circumstantial evidence, such as being replaced by younger workers. Statistical patterns that show age bias can also be key. An age discrimination attorney can help you file a lawsuit if your rights were violated.
You can file age discrimination complaints with the CRD or the EEOC. You may also be able to file an age discrimination lawsuit if your rights were violated. Consult our lawyers to explore what your best options are.
California’s FEHA covers age discrimination in employment for employers with five or more workers, while federal law applies only to employers with 20 or more employees. California law also allows broader remedies for employment laws, such as unlimited compensatory damages.
For age discrimination cases, it’s important to document every relevant interaction and look for patterns and adverse employment action, such as only older workers being laid off. Our attorneys can help request records and evaluate whether the alleged unlawful practice occurred.
Unfair treatment is not illegal unless it’s toward an individual’s protected status, such as age, race, or gender. An age discrimination case will involve mistreatment that is directly tied to your age if you are 40 or older.
It’s usually a good idea to notify HR of employment discrimination. If your employer has an internal grievance process, documentation can be helpful. However, you are not legally obligated to go through HR before filing an age discrimination claim with the CRD or EEOC.
In most cases, you have three years from the date of the age discrimination act to file a complaint with the CRD. If filing with the EEOC, the deadline is 300 days. Once you receive a right-to-sue letter, you typically have one year to file an age discrimination case.
An age discrimination lawyer in California from our team can review the facts of your case, ask you about your job, and look at any documentation you may have. We can then explain your legal options and inform you whether you have a strong discriminatory practices case.
