Age Discrimination

America’s workforce is aging, leading to an increase in age discrimination, particularly against those 40 and older. Both federal and state laws protect workers from age bias, with California offering some of the strongest protections in the nation. Principle Employment Law, our committed team assists clients who have faced age discrimination through in-depth research, detailed inquiries, strategic legal motions, and skilled negotiations.

Age discrimination occurs when a person receives unfair treatment due to their age as an employee or job applicant. The federal Age Discrimination in Employment Act (ADEA) protects persons who are 40 years of age or older. The employer’s age is irrelevant – what matters is that the victim is 40 years or older and has suffered discrimination based on their age.

Age discrimination laws apply at both federal and state levels:

The California Fair Employment and Housing Act (FEHA) provides broader coverage than federal law by applying to smaller employers with 5 or more employees, offering greater protection for California workers.

• Companies with 5 or more employees
• Employment agencies
• State and local governments
• Labor organizations

• Companies with 20 or more employees
• Employment agencies
• Local government employers
• State government employers
• Federal government employers
• Labor organizations

• You must file a complaint with the Department of Fair Employment and Housing (DFEH) within one year from the date of the alleged unlawful practice.
• Once the DFEH issues a right-to-sue notice, you have one year from the date of that notice to file a civil action.
• The one-year statute of limitations may be extended up to 90 days if you first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.

• You must file a charge with the EEOC within 180 calendar days from the day the discriminatory act occurred.
• Because California has state laws prohibiting age discrimination, the filing deadline extends to 300 days.
• Unlike FEHA claims, you do not need to obtain a right-to-sue letter before filing an ADEA lawsuit, but you must wait 60 days after filing a timely charge of age discrimination before filing the lawsuit.

1. Age-Related Comments and Harassment
   • Consistent age-related comments or jokes that create a hostile work environment
   • Note: Generally, isolated comments like “Ok, Boomer!” alone are not sufficient – the behavior must be abusive and severe
2. Discriminatory Promotion Practices
   • Younger, less qualified employees receiving promotions over more qualified older workers
3. Biased Hiring Practices
   • Pattern of hiring only younger employees
   • Job advertisements specifically targeting younger workers
4. Compensation Discrimination
   • Unequal pay between similarly situated employees of different ages
   • Discriminatory distribution of raises or promotions
5. Unfair Treatment
   • Unjust disciplinary actions
   • Creating false documentation to disguise age-based discrimination

To establish a prima facie case of age discrimination, an employee must prove:

1. They are 40 years or older
2. Their job performance meets standards
3. They experienced adverse job action (termination, demotion, pay cut)
4. A substantially younger employee received more favorable treatment

Note: The “substantially younger” employee doesn’t need to be under 40 – for example, a 70-year-old employee might have a valid claim involving a 42-year-old colleague.

If the employer claims a legitimate, non-discriminatory reason for their actions, the employee must then prove this reason is merely a pretext for age discrimination. Evidence can include:

• Hiring patterns
• Promotion patterns
• Workplace culture and comments
• Witness testimony