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Age Discrimination in California: Your Rights When You're "Too Old" for the Job

If you were fired, passed over for promotion, or harassed because of your age, California law protects you. Workers age 40 and older have strong legal protections against discrimination under both state and federal law.

Age discrimination is real, harmful, and illegal. Whether your boss made comments about wanting “younger blood,” you were replaced by a much younger worker, or you were forced into early retirement, you have rights.

This guide explains what age discrimination looks like, who is protected, and how to fight back.

What Is Age Discrimination?

Age discrimination happens when an employer treats you worse than other employees because of your age. This includes any negative employment action based on the fact that you’re older.

Under California’s Fair Employment and Housing Act (FEHA), it’s illegal to discriminate against employees or job applicants age 40 or older. Age discrimination can affect:

  • Hiring decisions (refusing to hire qualified older applicants)
  • Promotions (passing over older workers for advancement)
  • Terminations (firing older employees while keeping younger ones)
  • Compensation (paying older workers less for the same work)
  • Job assignments (giving older workers less desirable tasks)
  • Training opportunities (excluding older workers from professional development)
  • Retirement policies (forcing early retirement)
  • Workplace harassment (creating a hostile environment through age-related comments)

The law recognizes that ageism is a form of discrimination that limits economic opportunity and harms workers who have valuable experience and skills.

Who Is Protected from Age Discrimination in California?

California law protects workers age 40 and older from age discrimination. Both state and federal laws provide this protection:

California FEHA protections apply to:

  • Workers age 40 and older
  • Companies with 5 or more employees
  • All California workplaces (including private employers, government agencies, and nonprofits)

Federal ADEA protections apply to:

  • Workers age 40 and older
  • Companies with 20 or more employees
  • Workplaces nationwide

California’s FEHA law is often more protective than federal law because it covers smaller employers and gives you more time to file a claim.

Important note: Some local ordinances provide even stronger protections. For example, San Francisco prohibits age discrimination at companies with any number of employees.

Types of Age Discrimination

Age discrimination takes many forms. Understanding the different types can help you recognize if you’ve been treated illegally.

Direct Discrimination

This happens when your employer explicitly treats you differently because of your age. Direct discrimination includes:

  • Refusing to hire older applicants despite qualifications
  • Firing older workers while retaining younger employees in similar positions
  • Denying promotions to qualified older employees
  • Forcing retirement based on age rather than performance
  • Reducing pay or benefits for older workers doing the same job

Harassment Based on Age

Age-based harassment creates a hostile work environment through:

  • Repeated age-related jokes or comments
  • Offensive remarks about your age or appearance
  • Pressure to retire or “make room for younger workers”
  • Exclusion from workplace activities because of age
  • Mockery or belittling based on age

Harassment becomes illegal when it’s so frequent or severe that it creates an abusive working environment or results in a negative employment decision (like demotion or termination).

Disparate Impact

This occurs when a workplace policy seems neutral but disproportionately harms older workers. Examples include:

  • Mandatory retirement ages (with limited exceptions for specific occupations)
  • Layoffs targeting higher-paid employees (often older workers with seniority)
  • Physical requirements unrelated to job duties that exclude older workers
  • Technology quotas that assume older workers can’t adapt
  • Promotion systems that favor recent graduates over experienced workers

Even if your employer didn’t intend to discriminate, policies with disparate impact can be illegal if they’re not justified by legitimate business needs.

Common Examples of Age Discrimination (What to Watch For)

Age discrimination often involves specific patterns and comments. Here are real-world examples:

  1. “We want young blood in this company” or similar comments about wanting a “younger culture”

  2. Replacing older workers with younger ones doing the same job, especially if the older worker had good performance reviews

  3. Age-related comments during performance reviews like “Maybe it’s time to think about retirement” or “You’re not keeping up with the younger team members”

  4. Forced retirement or pressure to retire when you want to keep working

  5. Denying training opportunities to older workers while providing them to younger employees

  6. Targeted layoffs that disproportionately affect older, higher-paid employees while keeping younger, lower-paid workers

  7. Job postings seeking “digital natives” or “recent graduates” that exclude experienced workers

  8. Passing over for promotion repeatedly while promoting less qualified younger workers

  9. Reducing responsibilities or “phasing out” older workers by removing important duties

  10. Age-based “jokes” like calling you “dinosaur,” “over the hill,” “old-timer,” or making comments about retirement homes

  11. Excluding from important meetings or projects because “this is for the younger crowd”

  12. Refusing to hire despite strong qualifications, with comments like “You might not fit our company culture” (code for “too old”)

  13. Dress code or appearance policies that specifically target older workers

  14. Assuming you can’t handle technology or refusing to train you on new systems while training younger workers

  15. Pay cuts justified by “bringing your salary in line with the team” (younger, lower-paid workers)

What Is NOT Age Discrimination?

Not every negative employment action involving an older worker is age discrimination. Employers can make decisions based on legitimate, non-discriminatory reasons.

Legal business decisions include:

  • Performance-based terminations supported by documentation (if applied fairly to workers of all ages)
  • Layoffs based on legitimate business needs that don’t disproportionately target older workers
  • Promoting more qualified candidates when qualifications are measured objectively
  • Enforcing workplace policies equally across all age groups
  • Making decisions based on skills, productivity, or attendance rather than age

The key question is: Would your employer have made the same decision if you were younger? If the answer is yes, it’s likely not age discrimination.

Age Discrimination vs. Performance Issues

Employers sometimes claim performance problems to justify firing older workers. Here’s how to tell the difference:

Signs it might be age discrimination:

  • Your performance reviews were consistently good until shortly before termination
  • Younger workers with similar or worse performance aren’t disciplined
  • Age-related comments accompanied performance criticism
  • You were given impossible goals or set up to fail
  • Performance issues suddenly appeared after you complained about age-related treatment

Signs it might be legitimate performance issues:

  • Documentation of performance problems exists over time
  • You received warnings and opportunities to improve
  • The same standards are applied to all employees regardless of age
  • Younger workers with similar issues faced the same consequences

Important: Even if you had some performance issues, firing you can still be discriminatory if age was a motivating factor in the decision.

Proving Age Discrimination

You can prove age discrimination through direct evidence or circumstantial evidence.

Direct Evidence

Direct evidence explicitly shows age was a factor in the employment decision:

  • Written communications mentioning age as a reason
  • Age-related comments during hiring, promotion, or termination discussions
  • Statements from supervisors about wanting younger workers
  • Company policies that explicitly favor younger workers

Circumstantial Evidence

Most age discrimination cases rely on circumstantial evidence that creates a pattern:

  • Statistical evidence showing a pattern of replacing older workers with younger ones
  • Comparative evidence showing you were treated worse than similarly situated younger workers
  • Temporal proximity between age-related comments and adverse employment action
  • Pretextual reasons for termination that don’t hold up under scrutiny
  • “Stray remarks” about age by decision-makers (California courts give these significant weight)

California courts are more favorable to age discrimination claims than federal courts. Under California’s “stray remarks” doctrine, age-related comments can be powerful evidence even if they weren’t made at the exact moment of the employment decision.

FEHA vs. ADEA: California Law Offers Stronger Protections

Both California and federal law prohibit age discrimination, but California’s FEHA provides better protection in several ways:

Feature California FEHA Federal ADEA
Employer size 5+ employees 20+ employees
Filing deadline 3 years 300 days (about 10 months)
Damages Unlimited compensatory and punitive damages Limited damages, no punitive damages for most claims
Burden of proof Easier standard (age must be a “substantial motivating factor”) Harder standard (age must be “but for” cause)

Bottom line: If you work in California, FEHA gives you more time to file, covers more employers, and potentially provides greater compensation than federal law.

How to File an Age Discrimination Claim in California

If you’ve experienced age discrimination, follow these steps:

1. Document Everything

Gather evidence of discrimination:

  • Age-related comments or emails
  • Performance reviews (especially positive ones before termination)
  • Comparison data showing younger workers treated better
  • Job postings that preferred younger workers
  • Witness statements from coworkers
  • Timeline of events

2. File a Complaint with the Civil Rights Department (CRD)

Before you can sue in court, you must file a complaint with California’s Civil Rights Department (CRD), formerly known as DFEH.

How to file:

Filing deadlines:

  • 3 years from the discriminatory act under FEHA
  • 300 days if filing under federal ADEA (through CRD)

3. CRD Investigation Process

After you file:

  • CRD reviews your complaint
  • CRD may investigate or issue a “right to sue” notice immediately
  • You receive a right-to-sue letter allowing you to file a lawsuit
  • You have 1 year from receiving the right-to-sue notice to file in court

4. Consider Legal Representation

Age discrimination cases can be complex. An employment attorney can:

  • Evaluate the strength of your case
  • Help gather and preserve evidence
  • Navigate the CRD process
  • Negotiate settlement with your employer
  • Represent you in court if necessary

Most employment attorneys work on contingency (they only get paid if you win).

Damages Available in Age Discrimination Cases

If you prove age discrimination, you may recover:

Economic damages:

  • Back pay (lost wages from termination to trial)
  • Front pay (future lost earnings if reinstatement isn’t possible)
  • Lost benefits (health insurance, retirement contributions, bonuses)
  • Job search costs

Non-economic damages:

  • Emotional distress
  • Damage to reputation
  • Loss of enjoyment of life

Punitive damages:

  • Available under FEHA when employer acted with malice or recklessness
  • Intended to punish discriminatory conduct and deter future violations

Other relief:

  • Reinstatement to your job
  • Promotion or changed assignment
  • Policy changes at your workplace
  • Attorney’s fees and court costs

California courts can award substantial damages in age discrimination cases, particularly when employers engaged in egregious conduct or retaliation.

Real-World Examples of Age Discrimination

These scenarios show how age discrimination happens in practice:

Scenario 1: The “Culture Fit” Rejection

Maria, 55, applied for a marketing manager position at a tech startup. She had 25 years of experience and strong qualifications. During the interview, the 30-year-old hiring manager said, “We’re looking for someone who fits our young, energetic culture.” Maria didn’t get the job, which went to a 28-year-old with less experience.

Analysis: The “culture fit” comment is code for age discrimination. Employers can’t reject qualified candidates because they want a “younger” workplace. Maria has a strong age discrimination claim.

Scenario 2: The Forced Retirement

David, 67, worked as an accountant for 15 years with excellent performance reviews. His new manager began making comments about retirement, saying things like “Don’t you want to enjoy your golden years?” and “You’ve earned a rest.” When David said he wanted to keep working, he was suddenly given a poor performance review and fired two months later.

Analysis: Forcing retirement based on age is illegal. The sudden poor performance review after years of good reviews suggests pretext. David’s manager’s comments are strong direct evidence of age discrimination.

Scenario 3: The Replacement

Linda, 58, was a senior sales representative earning $120,000 annually. During a company restructuring, Linda was laid off while younger, lower-paid sales reps kept their jobs. The company hired a 32-year-old to do Linda’s job at $75,000 salary three months later.

Analysis: Replacing an older, higher-paid worker with a younger, lower-paid worker is classic age discrimination, especially if the older worker had good performance. The timing and pay difference support Linda’s claim.

Scenario 4: The Hostile Environment

Robert, 62, endured constant age-related jokes from his supervisor, including “old man,” “dinosaur,” and comments about retirement homes. Coworkers excluded him from after-work gatherings, saying “it’s past your bedtime.” When Robert complained to HR, he was labeled a “troublemaker” and his responsibilities were reduced.

Analysis: Repeated age-based harassment created a hostile work environment. The reduction in responsibilities after complaining adds a retaliation claim. Robert has strong claims for both age discrimination and retaliation.

Scenario 5: The Training Denial

Susan, 54, requested training on new software being implemented at her company. Her manager said, “This might be too complicated for you. Let’s have the younger team members handle the new system.” Susan was gradually phased out of important projects and eventually terminated for “not keeping up with technology.”

Analysis: Denying training opportunities based on age stereotypes is discrimination. The termination for failing to learn technology she wasn’t trained on is pretextual. Susan has a strong age discrimination claim.

Frequently Asked Questions About Age Discrimination in California

Can I be fired for being “too expensive” if I’m an older worker?

Not if your higher salary is tied to age or seniority. Employers sometimes use “cost-cutting” as pretext for age discrimination, particularly when they target older, higher-paid workers while keeping younger, lower-paid employees. If a company layoff disproportionately affects older workers, it may be discriminatory even if the stated reason is budget-related.

What if my employer says they want a “younger culture” or “fresh perspective”?

These phrases are often code words for age discrimination. While employers can value innovation and new ideas, they can’t exclude older workers based on stereotypes. If you’re denied a job or promotion because the company wants “young blood” or “new energy,” that’s likely age discrimination.

Is mandatory retirement legal in California?

Generally, no. Mandatory retirement policies are illegal under FEHA except for very limited exceptions (certain public safety positions, tenured university faculty, high-level executives with substantial retirement benefits). If your employer is forcing you to retire based on age, you likely have a discrimination claim.

What if I’m under 40? Can I claim age discrimination?

California FEHA only protects workers age 40 and older. If you’re under 40 and treated worse because you’re “too young,” state age discrimination laws don’t apply. However, you might have other claims depending on the circumstances.

How long do I have to file an age discrimination claim?

Under California FEHA, you have 3 years from the discriminatory act to file a complaint with the Civil Rights Department. This is much longer than the 300-day deadline under federal ADEA. Don’t wait—evidence disappears and memories fade. File as soon as possible after experiencing discrimination.

Related Topics

Understanding age discrimination often connects to other employment law issues:

Take Action: What to Do Next

If you believe you’ve experienced age discrimination:

  1. Document everything – Keep records of age-related comments, emails, performance reviews, and evidence of younger workers treated better
  2. Report internally – File a complaint with HR (but understand they may not protect you)
  3. File with the Civil Rights Department – Start the legal process within 3 years
  4. Consult an employment attorney – Get professional advice about your specific situation
  5. Preserve evidence – Save all documents before they disappear

You have rights under California law. Age discrimination is illegal, and you don’t have to accept it.

Legal Disclaimer

This article provides general information about age discrimination law in California and is not legal advice. Employment law cases are fact-specific, and outcomes depend on individual circumstances. For advice about your specific situation, consult a qualified California employment attorney. Nothing in this article creates an attorney-client relationship.

Laws and regulations change. This information is current as of the last updated date shown above. Always verify current law before taking action.

Employment Law Aid provides educational resources about California employment law. We are not a law firm and do not provide legal representation. If you need legal help, contact a licensed employment attorney in California.