What You Need to Know About Workplace Age Discrimination in California
All citizens are entitled to certain rights that protect them from unfair treatment based on age. Here’s everything you need to know about your rights against workplace age discrimination.
California workers are protected by both federal and state laws from age discrimination. These laws protect job applicants and employees 40 years of age or older. It is illegal for an employer to demote, deny employment, or terminate someone based on their age.
If an employer denies a job opportunity, a promotion, or a special project because they believe someone is too old, they break the law.
The California Fair Employment and Housing Act prohibit employers from discriminating against anyone if the employee is over 40 years of age. Proof of employment discrimination in the workplace is when you can show that the employee:
- Belongs to a protected class (over 40 years of age)
- Has been the subject to adverse employment action such as a demotion, termination, or suspension
- Can prove that other employees outside the protected class were treated more favorably under the same circumstances.
If you are an employee who’s 40 years of age (or older) and have been wrongfully terminated, demoted, or harassed at work due to your age, you must immediately report it. Also, if you are over 40 and your employer has presented you with documents that waive your rights, please consider consulting with an expert employment lawyer before you sign them.
Employers may not advertise job openings with age preferences, restrictions, or requirements, and they may not inquire about an applicant’s age or date of birth during a job interview. It is illegal for an employer to deny any employee privileges or benefits, such as on-the-job training, promotion, hiring, or compensation, because of their age.
Additional protections for older employees apply under the federal Older Workers Benefit Protection Act. Under this act, employees 40 years or older have 21 days to review any documents that waive their rights, such as a severance agreement. Additionally, employees have seven days to revoke severance agreements.
Related: California Wage Deduction Laws: Explained
What are Examples of Age Discrimination?
Common age discrimination cases include:
- Older workers are encouraged to retire.
- Older workers lose their jobs for “poor performance.”
- An employer hires younger applicants over older applicants.
- Not being offered a job because the employer wanted a younger person to fill the vacancy.
- Being fired because the employer wants to keep a younger staff.
- Being turned down for a promotion because the employer wanted someone younger-looking.
- Harassment, name-calling, or making fun of your age.
- Company layoffs where only older employees lost their jobs
- Receiving a negative job evaluation because the employer assumes you’re too old for the job.
How Can You File an Age Discrimination Claim in California?
The Fair Employment and Housing Act ( FEHA) outlines California’s age discrimination laws. FEHA applies to employers, including corporations and other businesses, that regularly employ at least five employees.
Before filing an age discrimination claim, employees must exhaust their remedies by filing with either the Department of Fair Employment and Housing (also known as DFEH) or the Equal Employment Opportunity Commission (EEOC).
The burdens of proof are different under California and federal law. This distinction can be extremely important in a close case. In general, an employee’s burden of proof is easier under California law, where the employee only has to show that age was a “substantial motivating factor” in an employment decision. Under federal law, an employee must show that the employer decided because of the employee’s age.
Related: Can I Sue a Former Employer for Slander?
What Is Some Evidence That is Helpful to Prove Age Discrimination?
As the one making a claim, the burden of proof is on you and your employment Lawyer.
1. Take photos and record videos.
If you have reason to believe you are being discriminated against or retaliated against, start to pay attention. Be careful when recording or taking photos of people without their consent, as it might make things work.
You do not have to take photos of people. You can document vandalisms, mistreatments, intimidating letters written by coworkers, etc.
2. Record your electronic trail.
Keep any emails or conversations in which your boss or human resources (HR) suggests you’re being fired for illegal reasons. Your work emails, chat rooms, and SMS messages could all be evidence of discrimination, harassment, or retaliation.
3. Keep employee documents and records.
This includes pay stubs, time cards, and written notices. These documents could become evidence your employer is retaliating against you (i.e., demotions, suspensions, and pay cuts). If you’ve recently filed a Labor Law Claim with an agency, these are extremely important to monitor.
Contact Us
If you or a loved one would like to learn more about Workplace Age Discrimination in California, get your free consultation with one of our Employment Attorneys in California today!