Elderly Discrimination Examples

Age discrimination, also known as ageism, generally manifests as older workers being terminated, harassed, or refused promotion due to their age.

By Douglas Wade, Attorney

Email  |  Call (800) 484-4610

Get Smarter. Search FAQs.

What Are Examples of Age Discrimination in California?

  • Unfair Disciplinary Action

Some businesses disguise their discriminatory acts by making false accusations. In these cases, employers accuse workers of bad performance, misconduct, dishonesty, or something else.

This idea is known as “pretext,” or a reason given to justify an action that is not the true reason.

Since most companies in California know that it is illegal to discriminate based on age, they use this concept of pretext to hide their unlawful practices.

For example, an older worker’s supervisor might plan to discipline them before taking an age-related action. However, let’s say that a business wants to fire an employee based on their age and not their job performance. The employee’s supervisor could complain about their job performance or accuse them of being late to work or not working well with others. These accusations could set the stage for discrimination based on age. This way, the employer can justify their actions by claiming that the firing has nothing to do with age when it does.

  • Unequal Hiring of Younger Employees

Some companies base their hiring decisions on the applicants’ ages, even when this practice is illegal and discriminatory.

Prospective candidates in California should be evaluated based on their job qualifications, for example, commensurate experience, job-related talents, recommendations, and more. Vague assumptions about fitness, skills, or body types have no place in the hiring process, yet for some companies, these assumptions are commonplace.

Some employers have a history of preferring youthful workers. When this is proven to be true, the practice must be investigated because it could be evidence of a pattern of age-based discrimination.

Additionally, many employers hide this behavior. Supervisors, for example, will usually not admit that an individual is being rejected because of how old they are. Instead, the supervisor or manager will provide another reason for the rejection.

Often, the catchphrase that we hear is “overqualified.” This term is sometimes used for employers to dishonestly defend their hiring choices. This term has many synonyms; for example, some employers describe qualified employees as “not the right fit” or suggest that the job opportunity is “beneath them.” However, the employer may use these terms to describe an employee over 40 or older than 50 or 60 and then promptly hire a 25-year-old candidate with the same or less experience or expertise.

  • Less Opportunity for Advancement

Sometimes, businesses hire older workers to fill a quota or to perform a single task, but the employees have little to no chance to advance in the workplace.

When employers hire older workers and then “strand them” in one place, it limits the individuals’ chances for accomplishment, building a future, learning, and advancing at the company.

Many older workers report feeling “stuck” in modern workplaces and are not encouraged to climb the ladder and continue to progress. For example, many older workers realize that no matter how well they perform or how many goals they accomplish, they will not be promoted. This lack of advancement impacts older workers mentally and psychologically.

When an employer chooses a less qualified candidate based only on their youth, this is an example of age discrimination. When an employee suspects this type of obvious age discrimination, they must immediately contact an experienced employment discrimination lawyer.

It is essential to remember that older workers can make equally valuable contributions to businesses, just like their younger counterparts. In addition, older workers have often accumulated wisdom and patience from their years in the industry. Therefore, they should never be judged based on their age, only their qualifications, and abilities.

  • Workplace Harassment

Harassment at the workplace can take many different forms, from casual teasing and jokes too offensive messages and emails. All forms of harassment have no place in the workplace, and when workplace harassment creates a hostile work environment, it rises to the level of discrimination.

Older workers sometimes face harassment through jokes, teasing, and even offensive drawings. Whether older workers are teased because of their age or something else, their coworkers should never unfairly target them.

Some employers excuse harassment by describing the behavior as “just a joke” or “all in good fun,” but employers should never condone workplace harassment. When supervisors and managers do nothing about harassment or join in, they perpetuate the belief that verbal or physical harassment is acceptable.

Employers target many older workers because of their age; some are even driven to leave their jobs. When a workplace environment grows hostile, and employees feel illegally targeted, they should contact an experienced attorney to find out about their options.

  • Layoffs of Older Workers

Sometimes, employers go beyond harassment and terminate their older employees based solely on their ages. Although it is illegal in California to use age to justify layoffs, many employers make up other reasons for the terminations.

All employers must lay off workers at some point, but when they target older workers, this is typically evidence of age discrimination.

Some employers terminate older workers to save money on salaries and benefits since they can hire younger workers and not pay them as much to start.

However, when it comes to being terminated for being older than 40, workers do have federal protection. Older workers also get protection under the Older Workers Benefit Protection Act (OWBPA). This federal law prevents age discrimination as a basis for business restructuring, reducing staff, or reducing benefits.

  • Isolating Older Employees

All workplaces promote a certain culture, be it serious and hardworking, light and youthful, or somewhere in between.

Many older employees end up feeling isolated at work because of their age. Younger workers tend to have the same interests, and older workers sometimes struggle to relate.

Although this does not seem to be a monumental problem, this sense of isolation can make workers feel isolated and struggle with their jobs. In addition, when employees feel pushed out, they also miss out on making connections that can lead to new friendships and career advancements.

Older workers who are alone most of the day do not often get promoted or enjoy the ability to network with their peers or managers. Not only is this an emotional issue for older workers, but the issue of workplace isolation can also stagnate their careers.

When workers feel isolated, they may not have a clear claim to discrimination in the workplace. However, speaking with an employment litigation attorney can help clarify the situation, and often the conversation uncovers other damaging behavior that is ongoing.

What Are Age Discrimination Laws in California?

In the state of California, two acts protect workers:

  1. The Age Discrimination in Employment Act (ADEA) is a federal act.
  2. The California Fair Employment and Housing Act (FEHA) is a state act.

Both acts help protect workers in California from employment-related age discrimination. However, despite these important acts, age discrimination is still a complex problem in the state. Research tells us that two-thirds of employees over 45 say they have witnessed age discrimination or experienced it in the workplace.

All employers need to be familiar with how employers discriminate against workers. But unfortunately, discriminatory behavior manifests itself in many ways and is notoriously difficult to prove.

Sometimes, employees are unsure whether or not their employer is behaving in a discriminatory manner. However, whenever a worker suspects discrimination, they should be sure to document and keep records of everything that was said and everything that occurred.

In this article, we will review the ADEA and the FEHA and then briefly discuss some of California’s most common examples of elderly discrimination.

What is the Age Discrimination in Employment Act?

The Age Discrimination in Employment Act (ADEA) helps to protect prospective hires and existing employees aged 40 and older.

When employees suffer age-related discrimination, elderly or otherwise, they are often protected under the ADEA. Therefore, individuals should be familiar with the ADEA, as should their attorneys. Often, when the elderly are discriminated against, their lawyers reference the ADEA as part of their defense.

The ADEA helps to keep discrimination out of standard workplace practices, such as promotions and bonuses, hiring, terminations, salaries, and terms of employment.

Additionally, the ADEA addresses age-related discrimination, and the Equal Employment Opportunity Commission endorses the inclusion of this particular form of discrimination.

What is the Fair Employment and Housing Act?

The Fair Employment and Housing Act (FEHA) makes it unlawful for businesses to discriminate against California’s protected classes, which include:

  • Age
  • Sexual orientation
  • Gender (including gender identity and expression)
  • Disability
  • Religion
  • National origin
  • Genetic information
  • Pregnancy
  • Marital status
  • Race
  • Medical conditions
  • Pregnancy disability leave
  • Request for leave for a worker’s serious health condition
  • Age
  • Disability
  • Request for family care leave

The FEHA provides complete protection for individuals against workplace discrimination than federal law when compared to the ADEA.

Learn more about: Business | Corporate | Employment

Bulletproof Documentation for Employee Records - Reduce Legal Risk and Stay Compliant

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.
Workplace Coaching - Benefits, Styles, and Methods to Improve Performance

Workplace Coaching: Benefits, Styles, and Methods to Improve Performance

Workplace coaching boosts employee performance, strengthens leadership, and encourages a culture of continuous growth within organizations. It refines communication, teamwork, and motivation while improving organizational effectiveness and satisfaction.
Essential Job Functions and the ADA - Insights from the Tenth Circuit Decision

Essential Job Functions and the ADA: Insights from the Tenth Circuit Decision

ADA case from the Tenth Circuit upholds employer-defined job duties when safety and security risks are significant. It clarifies accommodation limits and supports consistent qualification standards without lowering business requirements.
California Pay Transparency Law SB 1162 - Employer Rules, Compliance, and Penalties

California Pay Transparency Law SB 1162: Employer Rules, Compliance, and Penalties

California’s Pay Transparency Law SB 1162 requires employers to disclose pay ranges, maintain records, and submit annual wage reports. Non-compliance can result in financial penalties, lawsuits, and reputational damage for businesses across California.
Is Holiday Pay Double Time - Rules, Calculations, and Eligibility

Is Holiday Pay Double Time? Rules, Calculations, and Eligibility

Holiday pay rules, double time vs time-and-a-half, eligibility, and calculations, including Massachusetts and Rhode Island requirements. Guidance for employers and HR on policies, paid holidays, overtime, hourly and salaried staff, and payroll timing.
How to Apply for Temporary Disability in California - Eligibility, Payments, and Filing Steps

How to Apply for Temporary Disability in California: Eligibility, Payments, and Filing Steps

California employees may qualify for temporary disability payments through SDI when a certified medical condition stops them from working. Check eligibility, typical benefit amounts for 2025, and filing steps with the EDD to submit a timely, complete claim.
How Much Does Disability Pay for Obesity - ADA Recognition, Legal Cases, and Employer Implications

How Much Does Disability Pay for Obesity? ADA Recognition, Legal Cases, and Employer Implications

Obesity as a disability: ADA recognition, benefit eligibility, and real legal outcomes. Guidance for employers on policies, accommodations, and risk.
California Right to Work - State Status and Union Rules

California Right to Work: State Status and Union Rules

California lacks a right-to-work law, so private employers may require union membership or dues as hiring conditions. See California’s rules, failed initiatives, and how they differ from right-to-work states.
Paid Parental Leave California - 2025 Updates, Employer Rules, and Employee Benefits

California’s 2025 Paid Parental Leave updates increase wage replacement and flexibility for workers bonding with a child or caring for family. Employers gain clarity on obligations, benefit coordination, and compliance under the revised Paid Family Leave and Disability Insurance programs.
CA Sick Pay Law 2025 - Employer Requirements & Employee Rights

CA Sick Pay Law 2025: Employer Requirements & Employee Rights

California’s 2025 sick leave law mandates at least 40 hours or five days of paid leave for eligible employees. Get clear rules on accrual, usage, carryover, anti-retaliation protections, and notice requirements for employers statewide.
California Rest Break Law 2025 - Worker Rights, Violations, and Penalties

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

California Rest Break Law 2025 protects workers’ rights to duty-free meal and rest periods across all industries. Employers face penalties, premium pay, and legal actions for break violations under California Labor Codes 512 and 226.7.
CA Bereavement Leave 2025 - AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.
Pre-Employment Drug Test California - Laws, Requirements, and Employer Guidelines

Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.
Does California Drug Test for Weed - AB 2188 Employment Rules

Does California Drug Test for Weed? AB 2188 Employment Rules

California AB 2188 limits employer drug testing for non-psychoactive marijuana use and permits impairment and active THC testing. Beginning January 2024, most employees gain workplace protections, though safety-sensitive and federally regulated positions remain exempt.
Make Up Time in California - Rules, Overtime Exceptions, and Employee Rights

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.
California Tipped Minimum Wage - 2025 Rates, Laws, and Employee Rights

California Tipped Minimum Wage: 2025 Rates, Laws, and Employee Rights

California servers must receive the full state minimum wage of $16.50 per hour in 2025, plus any earned tips. Employers cannot take tips, pay below the minimum wage, or violate California Labor Code protections for tipped workers.
Regular Rate of Pay in California - Overtime, Meal and Rest Break Premiums, and Employer Compliance

Regular Rate of Pay in California: Overtime, Meal and Rest Break Premiums, and Employer Compliance

California employers must calculate overtime, meal, and rest break premiums using the regular rate of pay, including bonuses and incentives. Miscalculating regular rates can result in lawsuits, penalties, and compliance risks, making accurate payroll practices vital for businesses across the state.
Overtime Tax Rate California - Overtime Pay and Taxes in 2025

Overtime Tax Rate California: Overtime Pay and Taxes in 2025

Overtime pay in California is taxed like regular income, with brackets based on total annual earnings. For 2025–2028, a temporary deduction lets workers write off up to $12,500 ($25,000 joint) of qualifying overtime.
California Labor Code 5814 - Penalties for Delayed or Unreasonable Workers’ Compensation Payments

California Labor Code 5814: Penalties for Delayed or Unreasonable Workers’ Compensation Payments

California Labor Code 5814 outlines penalties for delayed workers’ compensation, protecting injured employees from financial hardship caused by late payments. Workers may claim up to 25 percent penalties for unreasonable delays, ensuring timely disability benefits, medical coverage, and settlement reimbursements.
California Labor Code 202 -Final Paycheck Rules When Employees Quit

California Labor Code 202: Final Paycheck Rules When Employees Quit

California Labor Code 202 requires employers to pay final wages on time when employees resign, with timing based on notice given. Workers may also claim unused vacation pay, request retirement fund deposits, or seek penalties for delayed payments.
California Labor Code 1174 - Employer Timekeeping and Recordkeeping Requirements

California Labor Code 1174: Employer Timekeeping and Recordkeeping Requirements

California Labor Code 1174 outlines employer timekeeping and recordkeeping duties, allowing electronic or paper systems when records are indelible. Keep records in California, preserve them at least three years, and provide accessible copies to workers and authorities.
Labor Code 1194 (California) - Overtime and Minimum Wage Rights, and Remedies

Labor Code 1194 California: Overtime and Minimum Wage Rights, and Remedies

California Labor Code 1194 protects workers seeking unpaid minimum wage and overtime, providing legal remedies, interest, and reasonable attorney’s fees. Employees can file lawsuits or arbitration claims to recover wages, enforce rights, and safeguard against unlawful employer practices in California.
California Labor Code Section 2810.3 - Employer Liability for Labor Contractor Violations

California Labor Code Section 2810.3: Employer Liability for Labor Contractor Violations

California Labor Code Section 2810.3 makes client employers liable for labor contractor wage violations and missing workers’ compensation coverage. Reduce risk through careful vetting, clear contracts, payroll monitoring, and tight compliance with statutory duties and narrow exemptions.
California Labor Code 201 - Final Paycheck Rules, Employee Rights, and Employer Obligations

California Labor Code 201: Final Paycheck Rules, Employee Rights, and Employer Obligations

California Labor Code 201 requires immediate final paychecks at discharge, covering unpaid wages, unused vacation, and earned bonuses. Employees may seek penalties and file claims if payment is delayed or withheld.
Labor Code 510 - California Overtime Pay, Exceptions, and Calculations

Labor Code 510: California Overtime Pay, Exceptions, and Calculations

California Labor Code 510 outlines overtime pay rules, exemptions, and calculation methods, protecting employees from unfair wage practices and misclassification. This guide explains daily and weekly overtime, special worker protections, and the legal steps available if overtime pay is denied.
Meal Premium California - Laws, Penalties, and Employer Compliance

Meal Premium California: Laws, Penalties, and Employer Compliance

California meal premium rules require employers to provide compliant breaks or face fines, lawsuits, and costly penalties. Use clear policies, precise tracking, and regular reviews to maintain compliance and avoid financial or reputational harm.
Employee Record Retention by State - Guide for Employers

Employee Record Retention by State: Guide for Employers

State-by-state employee record retention guide covering payroll, unemployment insurance, workers’ compensation, child labor, discrimination, and access. Get clear timelines and required details for Alabama to Wyoming so employers meet audits, claims, and compliance duties.
How Much Notice Does an Employer Have to Give for a Schedule Change in California

How Much Notice Does an Employer Have to Give for a Schedule Change in California?

California employers must follow state and local rules on schedule changes, including notice periods, overtime, and reporting time pay. This guide explains meal breaks, overtime, predictable scheduling, local city ordinances, and penalties for violating California labor laws.
Employment Mediation - Process, Benefits, Preparation, and What to Expect

Employment Mediation: Process, Benefits, Preparation, and What to Expect

Employment mediation offers a faster, cost-effective alternative to litigation for resolving workplace disputes. Get the process, benefits, preparation steps, what to expect, possible outcomes, and mediator roles.
What Is Fair Chance Hiring - Meaning, Benefits, and How It Works for Employers

What Is Fair Chance Hiring? Meaning, Benefits, and How It Works for Employers

Fair chance hiring gives candidates with criminal records fair consideration, helping employers access loyal, diverse, and skilled talent. It strengthens compliance, lowers turnover, and helps build high performance teams without compromising workplace safety.

Free Consultation

See all articles: Business | Corporate | Employment