Age Discrimination Lawsuits in California

California prohibits employers from discriminating against employees who are 40 years old or older. It is illegal for an employer to deny any employee benefits or privileges, such as hiring, recruiting, on-the-job-training, promotion, or compensation based on age. It is also illegal for an employer to deny employment, demote, or fire an employee based on their age.

Author: Brad Nakase, Attorney

Email  |  Call (800) 484-4610

In California, it is unlawful to discriminate against any employee age 40 or older based on age for hiring, training, layoff, benefits, compensation, or firing. Age discrimination occurs when an employee who is 40 years old or above is treated less favorably than younger workers. Under the California Fair Employment Housing Act, an employee have the right to sue an employer for age discrimination and recover damages including emotional distress, lost wages, and lost benefits. If you’re an employer who is accused of age discrimination, please contact a employer defense attorney in Los Angeles with experience defending against age discrimination.

What Are the Laws Regarding Age Discrimination?

Both federal and state laws protect California’s employees from age-based discrimination. In addition, the laws in the state protect both job applicants and employees. However, employers must be 40 years old or older for the laws to protect them.

Based on California’s age discrimination laws, it is unlawful for companies to act in specific ways. California employers cannot:

  • Demote employees based on their age
  • Refuse to employ workers based on their age
  • Fire workers based on their age
  • Refuse employees’ benefits based on their age
  • Refuse employees’ privileges based on their age, including promotions, payment, hiring, or training

What is the Older Workers Benefit Protection Act?

The Older Workers Benefit Protection Act is a federal law that protects employees 40 years or older from discrimination by requiring employers to offer older workers benefits equal to the benefits it offers to younger workers. The OWBPA states that workers 40 and older receive 21 days to review any documents, such as a severance package, that relinquish their rights. The OWBPA also provides workers one week to refuse severance agreements.

When employers present documents to their workers that waive their rights, they should contact an experienced employment attorney to find a path forward.

How Do Age Discrimination Claims Work?

Age discrimination involves treating applicants or employees less favorably because their age is 40 or higher. To prove an age discrimination claim, the employee must show that:

  1. they were at least 40 years old
  2. their suffered an adverse employment action;
  3. they were qualified for the job and met the defendant’s expectations; and
  4. their position remained open or was filled by a worker who was younger.

When employees believe they have experienced age discrimination, they first must file a grievance with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

Under California age discrimination law, the burden of proof is as follows: workers must show that their age was an important “motivating factor” in their companies’ employment decisions.

Federally, the worker must show that the company decided based solely on the worker’s age.

Therefore, the burden of proof is easier for employees in California.

What Are Examples of Age Discrimination?

Routine cases of age discrimination include:

  • Employers encouraging older workers to retire
  • Companies firing older workers based on their performance
  • Employers or co-workers making fun of older employees
  • Companies hiring younger workers instead of older employees

Is Age Discrimination Illegal?

California workers are protected by both state and federal laws from age discrimination. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against workers 40 years old or older. California has laws 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. However, the ADEA differs in its application because it applies to larger companies with twenty or more workers.

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 laws to abide by, the court errs on the side of the act that provides employees with maximum protection.

The ADEA and the FEHA establish that it is unlawful for companies to discriminate against workers above 40 based solely on their advanced age.

What Are the Signs of 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 older employees differently, 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?

Employers discriminate based on age in various situations, from the hiring process to the firing process. For example, employers discriminate against workers based on their age during the:

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

Employers also discriminate based on age:

  • When coming up with promotions
  • When considering raises or bonuses
  • During the termination process
  • During 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 employers may not be protecting their rights.

How Do Employers Prove Discrimination at Work in California?

To sue for age discrimination, you must have evidence that you suffered an adverse employment action, such as failure to hire, termination, or demotion, because you’re 40 years old or older. You can prove age discrimination with direct evidence, which is evidence that, if true, directly proves a fact.

Here are some common 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 Workers Sue for Age Discrimination in California?

Under California Fair Employment Housing Act, an individual who is at least 40 years old have the right to sue an employer for age discrimination and recover money damages including lost benefits, emotional distress, and lost wages. The California Fair Employment and Housing Act also prohibits employer from discrimination against job seekers who are 40 years of age or older. The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination

When individuals suffer discrimination at work, 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.

Discrimination based on age 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 an experienced 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, workers must prove that:

  • The company acted because of the age of the worker 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

Who is Protected Under the Age Discrimination Act?

Under California and federal laws, the protected class for age is people aged 40 and older. 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 busines

What Are the Defenses of Age Discrimination?

A common employer defense to an age discrimination lawsuit is to show that the employer has a legitimate, nondiscriminatory reason not related to age for firing an employee. When employees accuse employers of age discrimination, they often reference “Bonafide Occupational Qualification” (BFOQ). This practice permits companies to make decisions against employees over 40 years old if the following conditions exist:

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

With these requirements met, the business can legally exclude individuals from completing 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, running power tools and driving construction vehicles.

The company may be able to make individuals of certain ages unable to apply for this position based on researched and justified safety issues. This distinction is based on the fact that an elderly person, for example, could hurt themselves when lifting heavy equipment, and also endanger others.

Learn more about: Business | Corporate | Employment

Free Consultation

How Many Hours Can a Minor Work in California - A Complete Guide to Labor Laws and Restrictions

How Many Hours Can a Minor Work in California? A Complete Guide to Labor Laws and Restrictions

Minors working in California must follow strict hour limits based on age, school attendance, and job category. Employers who violate labor rules risk significant fines and possible criminal consequences.
California Overtime Law - Rules Exemptions Pay Rates and Worker Rights Explained

California Overtime Law: Rules, Exemptions, Pay Rates, and Worker Rights Explained

California overtime law requires non-exempt workers to receive extra pay for working beyond daily and weekly hour limits. Certain employees, including independent contractors and exempt workers, do not qualify for overtime based on legal standards.
How to Calculate Overtime in California - Daily, Weekly, and Double Time Pay Explained

How to Calculate Overtime in California: Daily, Weekly, and Double Time Pay Explained

California overtime laws require daily and weekly overtime pay for nonexempt workers, including salaried, commissioned, and piece-rate employees. This guide outlines calculating overtime, daily double time, regular pay rates, and employer responsibilities without addressing alternative workweek schedules.
What is Comp Time for PTO - A Complete Guide for Employers and Employees

What is Comp Time for PTO? A Complete Guide for Employers and Employees

Employers and employees can use comp time for PTO if it is applied legally with clear policies in place. Comp time rules differ between public and private sectors, affecting when it can substitute for overtime pay.
No Tax on Overtime in California 2025 Policy Updates, Exemption Timeline, and What Workers Should Expect.

No Tax on Overtime in California: 2025 Policy Updates, Exemption Timeline, and What Workers Should Expect

California may introduce a 2025 overtime tax exemption, but no confirmed start date or final state legislation exists yet. Workers and employers await Sacramento’s decision on removing state taxes from overtime earnings under the proposed changes.
Minimum Wage in California 2025 State and City Rates Explained

Minimum Wage in California 2025: State and City Rates Explained

The minimum wage in California will rise to $16.50 per hour in 2025, with some local rates set even higher. Employers must follow state, city, and industry-specific wage regulations carefully to remain compliant and avoid penalties.
California Fast Food Minimum Wage 2025 Statewide and Local Updates

California Fast Food Minimum Wage 2025: Statewide and Local Updates

The California fast food minimum wage will rise to $20 per hour in April 2025, affecting many workers statewide. Local minimum wage rates also vary across California cities, with some surpassing the new state baseline.
How old do you have to be to work Age limits explained

How old do you have to be to work? Age limits explained

Minimum age requirements for work depend on federal, state, and job-specific rules that focus on young workers' safety and rights. Teens can start working at 14, but restrictions remain in place until 18, depending on the specific type of job.
Workplace Culture and Hostile Work Environments in California Your Rights and Legal Options

Workplace Culture and Hostile Work Environments in California: Your Rights and Legal Options

Employees facing hostile workplaces in California have legal protections to address harassment, discrimination, and toxic work environments. Protect your rights, report misconduct, and pursue action through California's Civil Rights Department or with legal support.
What Is a Pay Stub and Why It Matters for Employees and Employers

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.
What Are the Proper Steps to Fire Someone in California

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.
How Long Does a Misdemeanor Stay on Your Record in California

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.
How do I prepare a script for firing someone

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.
What is involved in a PAGA lawsuit

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.
What are the rules for 10-minute breaks

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.
Can I work six hours without a lunch break

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.
What can I do if my employer didn't pay me on payday

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.
What qualifies as a hostile work environment in California

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.
When is a doctor's note for work required in California

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.
What does California law say about final paycheck rules

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.
Can an employer deny a doctor's note

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.
How much can you sue an employer for misclassification

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.
How Serious Is an EEOC Complaint

How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.
Do You Have Sample Letters for Termination of a Contract

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.
What Is a WARN Notice in California

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.
What is FICA and how does it impact payroll taxes

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.
What is at-will employment and how does it impact employee rights

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.
What Is the Difference Between a 1099 Contractor and an Employee

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

See all articles: Business | Corporate | Employment