Age Discrimination in California: Laws and Protections for Older Workers

Age discrimination in the workplace is a serious problem that affects many individuals in California. As people grow older, they may face unfair treatment due to their age. This kind of discrimination is illegal, and there are laws in place to protect older workers. Understanding these laws is important for anyone who feels they have been treated unfairly because of their age. It is also essential for employers to know these rules so they can create a fair and respectful workplace for all employees. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.

What is Age Discrimination?

Age discrimination happens when an employee or job applicant is treated differently because of their age. In California, this usually refers to older workers, specifically those who are 40 years old or above. The discrimination can take many forms. It might include not hiring someone because they are considered “too old,” or denying promotions and training opportunities because of age. It can also involve forcing an older worker to retire or making decisions based on stereotypes about age. For example, some employers might think that older workers are not as productive or able to learn new skills quickly, which is unfair and untrue in many cases. This kind of thinking can lead to negative treatment and missed opportunities for older employees. 

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California’s Laws Against Age Discrimination

California has strong laws to protect workers from age discrimination. One of the key laws is the California Fair Employment and Housing Act (FEHA). This law makes it illegal for employers to discriminate against employees or job applicants who are 40 years of age or older. Under FEHA, employers cannot base their decisions on a person’s age when it comes to hiring, firing, promotions, or any other employment-related actions. The law also covers harassment based on age. If an older worker is being teased, insulted, or treated poorly because of their age, this could be considered harassment, and it is against the law. FEHA applies to employers who have five or more employees, which means it covers most businesses in California.

Another important law is the Age Discrimination in Employment Act (ADEA). This is a federal law that protects workers who are 40 years old or older from age discrimination. While the ADEA applies nationwide, California’s FEHA offers even broader protection in some cases. For example, the ADEA only applies to employers with 20 or more employees, while FEHA applies to those with as few as five employees. This means more workers are protected under California law than under federal law.

How Age Discrimination Affects Workers

Age discrimination can have a huge impact on older workers, both personally and professionally. For many people, their job is not just a source of income but also a part of their identity and self-worth. When someone experiences discrimination because of their age, it can affect their confidence, mental health, and overall well-being. They may feel discouraged, undervalued, or pressured to leave their job. It can also lead to financial difficulties, especially if an older worker loses their job and has trouble finding a new one because of their age. This is especially challenging for those who are close to retirement and may not have enough time to recover financially.

Professionally, age discrimination can prevent older workers from reaching their full potential. If an employer refuses to offer training or promotion opportunities to older employees, it limits their ability to grow and contribute to the company. It can also create a hostile work environment where older workers feel isolated or unwelcome. This kind of environment can reduce job satisfaction and make it difficult for older employees to perform their best.

Signs of Age Discrimination in the Workplace

It is not always easy to tell when age discrimination is happening because it can be subtle. However, there are some common signs that older workers should be aware of. One sign is when an employer starts giving more responsibilities to younger employees while ignoring older workers. If older employees are suddenly excluded from meetings, projects, or training sessions, this could be a sign of discrimination. Another sign is if an employer starts making comments about an employee’s age or suggests that they should consider retirement. These comments can create a negative environment and make the older worker feel uncomfortable or pressured.

Sometimes, age discrimination can be seen in hiring practices. If an older applicant is clearly qualified for a job but is passed over in favor of a younger, less experienced candidate, this could be a form of discrimination. Employers might also use age-related language in job advertisements, such as looking for “recent graduates” or “young, energetic” workers, which could discourage older applicants from applying.

Steps to Take if You Experience Age Discrimination

If you believe you have experienced age discrimination at work, it is important to take action. The first step is to document what has happened. Keep a record of any incidents, comments, or actions that you believe are discriminatory. This includes dates, times, and the names of anyone involved. Having a clear record can be helpful if you decide to file a complaint or take legal action.

You should also talk to someone in your company about the discrimination. This might be your supervisor, the human resources department, or another trusted person in your workplace. Explain what has been happening and ask for help in resolving the issue. Many companies have policies in place to handle complaints of discrimination, and they are required to investigate these complaints seriously. If talking to someone at your company does not solve the problem, you may need to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate your claim and help you take legal action if necessary.

How Employers Can Prevent Age Discrimination

Employers have a responsibility to create a fair and inclusive workplace for all employees, regardless of their age. There are several steps that employers can take to prevent age discrimination. One important step is to provide regular training for managers and employees on discrimination laws and the importance of treating everyone fairly. Training can help raise awareness about age discrimination and teach employees how to recognize and report it. Employers should also review their hiring and promotion practices to ensure they are fair to all age groups. This includes avoiding age-related language in job advertisements and making sure that decisions are based on a person’s skills and experience, not their age.

Another way to prevent age discrimination is by promoting a culture of respect in the workplace. Employers should make it clear that discrimination of any kind is not acceptable and that there will be consequences for those who engage in it. By creating a positive work environment where everyone feels valued and respected, employers can help reduce the risk of age discrimination and create a more productive and happy workforce.

Legal Consequences for Age Discrimination

When an employer engages in age discrimination, they can face serious legal consequences. If a worker files a complaint and it is found to be true, the employer may be required to pay damages to the affected employee. These damages can include back pay for lost wages, compensation for emotional distress, and even punitive damages in some cases. In addition to financial penalties, the employer may also be required to make changes to their policies and practices to prevent further discrimination.

For employers, being involved in an age discrimination lawsuit can also damage their reputation. Customers and clients may not want to do business with a company that does not treat its workers fairly. It can also make it harder for the company to attract and keep talented employees, especially if they feel that they might be treated unfairly as they grow older.

The Importance of Fighting Age Discrimination

Fighting against age discrimination is important because it helps create a fairer and more equal society. Older workers bring valuable skills, knowledge, and experience to the workplace. They have often spent many years learning their craft and developing their abilities. Discriminating against them not only harms the individuals but also deprives companies of the benefits that experienced workers can offer.

When employers value and respect workers of all ages, it leads to a more inclusive and diverse workplace. This can improve team performance, increase employee satisfaction, and help the company succeed. It is important for everyone—both employees and employers—to understand the importance of preventing age discrimination and to take steps to stop it when it happens.

If you or someone you know has faced age discrimination in the workplace, it is important to seek legal help to understand your rights and options. The Myers Law Group, APC is committed to standing up for older workers and ensuring that they receive fair treatment. Contact us today for a consultation and let us help you fight against age discrimination.