Age Discrimination - Brightwood Law Group, PC

Age Discrimination in the California Workplace: Protecting Experienced Workers

Introduction: Valuing Experience, Fighting Age Bias

Experienced workers bring invaluable knowledge, skill, and perspective to the workplace. Unfortunately, age discrimination remains a persistent issue, depriving qualified individuals of opportunities and dignity based solely on their age. California law and federal statutes strictly prohibit employers from discriminating against employees and job applicants aged 40 and older.

At Brightwood Law Group, PC, we are committed to defending the rights of experienced workers who have faced unlawful age discrimination. If you believe your age has been unfairly used against you in any aspect of your employment, we are here to help you understand your protections and fight for the respect and fairness you deserve.

Understanding Age Discrimination in Employment

Age discrimination occurs when an employer treats an employee or job applicant who is 40 years of age or older unfavorably because of their age. This unlawful practice can be manifested in various employment decisions, including:

Hiring: Refusing to hire qualified older applicants in favor of younger, sometimes less qualified, candidates.
Firing or Layoffs: Disproportionately targeting older workers for termination or inclusion in reductions in force (RIFs) or replacing them with younger employees.
Promotions and Advancement: Denying promotions, advancement opportunities, or desirable job assignments to older employees based on age-related stereotypes or preferences for a “younger image.”
Compensation and Benefits: Paying older workers less or offering them inferior benefits compared to younger employees performing similar work.
Training and Development: Excluding older employees from training programs or opportunities for professional development that are offered to younger colleagues.
Job Assignments: Assigning older workers to less desirable tasks or marginalizing their roles.
Harassment: Subjecting older employees to ageist comments, jokes, insults, or a hostile work environment based on their age.
Forced Retirement: Pressuring or coercing an older employee to retire (with very limited exceptions under the law).

Key Laws Protecting Older Workers in California

Employees in California are protected from age discrimination by robust state and federal laws:

California Fair Employment and Housing Act (FEHA): FEHA is California’s primary anti-discrimination law and offers broad protection against age discrimination in all terms and conditions of employment. It applies to employers with five or more employees and protects individuals aged 40 and older, with no upper age limit.
Age Discrimination in Employment Act (ADEA): This federal law also protects individuals aged 40 and older from age-based employment discrimination. The ADEA applies to employers with 20 or more employees and also prohibits mandatory retirement ages for most positions.
Older Workers Benefit Protection Act (OWBPA): This federal law amends the ADEA and sets specific requirements for waivers of age discrimination claims, often relevant in the context of severance agreements or early retirement incentive programs, to ensure such waivers are knowing and voluntary.

These laws make it illegal for employers to make employment decisions based on stereotypes or assumptions about an older worker’s abilities, energy levels, or adaptability.

Recognizing Signs of Potential Age Discrimination

Age discrimination is often subtle and may be disguised by employers. However, certain signs can indicate that age may be an unlawful factor in an employment decision:

Ageist Comments or Stereotypes: Remarks from supervisors or colleagues about an employee being “too old for the job,” “over the hill,” “not keeping up with technology,” or suggestions that the company needs “new blood” or a “younger workforce.”
Disproportionate Impact in Layoffs: Older workers being laid off or having their positions eliminated at a higher rate than younger employees during company “restructuring” or “reductions in force,” especially if their duties are subsequently absorbed by younger, less experienced individuals.
Being Passed Over for Promotions or Training: Consistently being denied promotions or training opportunities that are given to younger, less qualified or less experienced colleagues.
Sudden Unexplained Negative Performance Reviews: A history of positive performance evaluations followed by sudden, unsubstantiated negative reviews, particularly if this coincides with the arrival of new, younger management or a company push to “rejuvenate” its workforce.
Pressure to Retire: Direct or indirect pressure from an employer to retire or being offered early retirement packages that seem designed to push out older workers.
Job Advertisements with Age Preferences: Job postings that explicitly or implicitly seek “recent graduates” or use other language that suggests a preference for younger candidates.
Replacement by a Significantly Younger Individual: Being terminated and then replaced by a substantially younger person, especially if that person has fewer qualifications or less experience for the role.

What to Do If You Suspect Age Discrimination

If you believe you have been subjected to age discrimination:

Document All Incidents: Keep detailed written records of any age-related comments, discriminatory actions, policies, or treatment. Note dates, times, locations, individuals involved, and any witnesses. Compare how you were treated to how younger colleagues in similar situations were treated.
Preserve Your Performance History: Keep copies of your positive performance reviews, commendations, awards, and any other documents that demonstrate your qualifications and contributions.
Review Company Policies: Check your employee handbook for anti-discrimination policies and internal complaint procedures.
Report Internally (If Appropriate and Safe): Consider reporting the suspected age discrimination to your Human Resources department or a trusted manager, following any established company procedures. Document your report and any response.
Consult Brightwood Law Group, PC: Age discrimination claims involve specific legal standards and strict deadlines for filing complaints with administrative agencies like the California Department of Civil Rights (CRD) (formerly DFEH) or the federal EEOC. Seeking legal advice promptly is essential to understand your rights and options.

How Brightwood Law Group, PC Fights Age Discrimination

Brightwood Law Group, PC is dedicated to protecting the rights of experienced workers and combating age discrimination in all its forms. We provide strong legal representation by:

Thoroughly Evaluating Your Claim: We will listen to your experiences, review your documentation, and analyze the specific circumstances to determine if you have a viable age discrimination claim.
Investigating Employer Practices: We can investigate whether there is a pattern of age bias within your company, looking at hiring, promotion, and layoff statistics if appropriate.
Advising You of Your Rights: We will clearly explain your protections under FEHA and the ADEA and outline the legal avenues available to you.
Filing Administrative Complaints: We assist with obtaining a right to sue letter from the California Department of Civil Rights (CRD) (formerly DFEH).
Negotiating Fair Resolutions: We strive to achieve just settlements through negotiation, which may include back pay, front pay, emotional distress damages, attorneys’ fees, and changes to discriminatory company policies.
Aggressively Litigating When Necessary: If a fair settlement cannot be reached, our skilled attorneys are prepared to take your age discrimination case to court to fight for the justice you deserve.

If age discrimination led to your dismissal, it may also constitute Wrongful Termination.

If you faced negative actions after complaining about age bias, see our Retaliation Page.

Your Experience Matters. Don’t Let Age Discrimination Define Your Career.

If you believe you have been a victim of age discrimination in the workplace, you are not alone, and you have strong legal protections. Contact Brightwood Law Group, PC today for a confidential consultation. Our dedicated employment attorneys are committed to fighting for the rights of older workers. Call us at (310) 895-9075 or fill out our online contact form.