Age Discrimination Laws in the California Workplace

How Do I Prove Age Discrimination in California?

Both employers and employees often have questions about the state of California’s age discrimination laws. Therefore, this article is dedicated to the following:

• Age discrimination laws in California
• How individuals can report and prove age discrimination
• Filing an age discrimination lawsuit
• Age discrimination examples

Age discrimination is one of those specific issues that does not attract much attention until people realize they are victims of it. However, age discrimination is an important issue in California and throughout the country. Many employees have been fired because of their age or else passed over for promotions. In addition, some individuals report that a business refused to hire them based on their age. Others suggest that they were demoted based only on their age rather than job performance or other factors.

When an employer discriminates against their employees or prospective workers based solely on their age, this action creates several complex problems for the marginalized workers. Plus, in the US, more and more individuals are working at later stages of life, and elderly workers have become common.

Therefore it is essential that workers of all ages and their employers know how to identify age discrimination and how to stop it.

Is Age Discrimination Legal in California?

Age discrimination is illegal in California, but it is vital to understand how the state’s laws impact age discrimination cases. California has two sets of laws that inform how employers and employees deal with age discrimination: the Fair Employment and Housing Act (FEHA) and the Federal Age Discrimination in Employment Act (ADEA).

The FEHA pertains to businesses with five or more workers. The ADEA differs in its application because it applies to larger companies with 20 or more employees.

In California, courts often reference the ADEA when making judgments regarding age discrimination. However, the FEHA and the ADEA are very similar in terms of their purpose and parameters. Therefore, when the court is unsure which law to follow, the court errs on the side of the act that provides the most protection to workers.

Both the ADEA and the FEHA establish that it is illegal for employers to discriminate against workers above 40 simply because of their advanced age.

What Qualifies as Age Discrimination?

It is difficult to identify all the types of age discrimination that occur since age discrimination can come in many forms and include varying factors and conditions.

Generally, age discrimination is treating an individual differently based only on their age. When employers treat employees differently because of their age, their actions often relate to the following:

• The terms of the worker’s position
• The work conditions at the office or company
• The job the worker is assigned
• How much is the worker paid

Many individuals only think of age discrimination occurring when employers hire or terminate workers, but this concept is wrong. Age discrimination can happen in any state of an individual’s career, and employers and their employees must remember that it is perpetually illegal in California.

When Can Age Discrimination Occur in California?

There are many different stages of employment during which age discrimination can occur. Employers can discriminate based on age in various situations, from the hiring process to the firing process. Employers can discriminate against workers based on their age during the:

• Determination of workers’ benefits
• Creation of internship or apprentice programs
• Creation of training opportunities
• The process of setting age limits for training opportunities

• The recruitment process—for example, some materials suggest that the company emphasizes “youth.”

• Drawing up promotions
• Consideration of raises or bonuses
• The termination process
• The hiring process

The FEHA emphasizes that age discrimination is illegal when it occurs to “any person.” However, the FEHA only applies to employment, and therefore not all groups of people benefit from the act’s provisions. If an individual is not employed, for example, but feels they have suffered age discrimination in another capacity, their rights may not be protected.

Whom Does the Age Discrimination Act Protect?

Many individuals are curious if the ADEA protects them or their families. The categories of protected individuals are as follows:

• Volunteers
• Immediate family members
• Job applicants
• Temporary hires
• Independent contractors
• Intents (unpaid)
• Traditional workers, including people the company has agreed to hire and individuals who are already working for the business

Age discrimination in California is not limited to one or more actions or inactions. There are some subtle and not-so-subtle ways in which an employer may discriminate against older employees.

How Difficult Is It to Prove Age Discrimination?

Age discrimination is an unfortunate reality in the business world. Yet, if we can recognize the common examples of age discrimination, then we can work to stop it when it occurs and prevent ageism from happening in the first place.

Here are some examples of age discrimination:

• A worker over the age of 40 is made fun of by his manager based on their age

• An employee over 40 is fired for no clear reason

• A worker over 40 is not hired because the employer wants a “youthful team.”

• An employee over 40 is penalized or demoted for no clear reason

• A worker over 40 realizes their career is stagnating, while employers promote younger workers who demonstrate the same levels of performance and ability

• An employee over 40 suddenly receives poor evaluations for the job they have always done

• A worker over 40 is passed over for a promotion they are qualified for, only based on their age

• Employees over 40 are socially shunned by other employees and managers

There are many different ways that age discrimination can occur in the workplace in California. Age discrimination can be subtle, but it can also be clear. Contact a qualified lawyer immediately if your career is disrupted by age discrimination.

Some companies enforce policies that may not appear discriminatory, but they promote subtle age discrimination. When a workplace policy negatively impacts employees based on their ages, they must report it immediately.

Can You Sue for Age Discrimination in California?

When individuals suffer discrimination in the workplace, they must know they have rights. When employers discriminate based on age, it can impact their workers’ mental health and confidence, as well as their work rates and productivity.

Age discrimination is against the law in California and across the US, and when it occurs, it is essential to act fast. Business owners must know that when they discriminate against workers solely for being old, they are not only damaging the workers’ careers, the owners are ruining their lives and limiting their ambitions.

Contacting a skilled attorney is the first step to fighting age discrimination, but together with their lawyer, the individual must be able to prove that age discrimination occurred.

Cases of age discrimination can be complex since not every type of discrimination falls under the definition of prohibited behavior.

In cases of age discrimination, it must be proven that:

• The employer acted because of the age of the employee or applicant. Therefore, the business decided to do X because of the employee’s age.

• The worker is 40 years old or older.

• The business, employer, or entity is covered by the FEHA and/or ADEA and not exempt from these state and federal acts

• The actions of the employer negatively impacted the worker

What Are the Defenses of Age Discrimination?

When employees accuse employers of age discrimination, they often reference “Bonafide Occupational Qualification” (BFOQ). This practice permits companies to make decisions against employees over the age of 40 if the following conditions exist:

• The policy or employment position excludes a group of people based on age
• All excluded people cannot perform the job duties safely or productively
• The age-based requirement is vital to the business because allowing an older individual to working in this capacity could threaten the business

With these requirements met, the business can legally exclude individuals from performing a specific task, regardless of whether the person is a volunteer, intern, temporary worker, contractor, or normal employee.

For example, a construction company could advertise a position involving heavy lifting, working at dangerous heights, handling power tools, etc. The company may be able to make individuals of certain ages unable to apply for this position based on researched and justified safety issues.

Contact An Experienced California Age Discrimination Lawyer

When age discrimination occurs, workers are often unsure what to do and where to turn. It is unsettling when employers judge, harass or mistreat their employees based on their years on earth. Likewise, it can be infuriating when a qualified individual applies for a job only to be rejected based on their age.

When workers experience instances of age discrimination, they sometimes feel helpless. However, when workers are victims of ageism, they must act.

Individuals who question age discrimination or feel they have been discriminated against based solely on their ages must act. They can begin by contacting the experienced legal team at California’s Nakase Wade. Our age discrimination lawyers and employment attorneys are ready to defend workers who are victims of age discrimination.

Age discrimination ruins relationships and careers, and it is illegal. Unfortunately, too many employees allow age discrimination to occur because they are unsure whether the act is illegal or they are not sure who can help them with their case.

At Nakase Wade, our employment lawyers and attorneys are experienced with age discrimination claims, and we do everything we can to obtain the damages our clients deserve. Those workers who experience discriminatory actions based on their ages must remember they have rights, and our team is here to help defend those rights. We offer free consultations, so do not wait: contact Nakase Wade Today.