Age Discrimination in California: What You Need to Know

It can be disheartening and frustrating to learn that you have been a victim of age discrimination, but you may be eligible to pursue a legal claim against the employer who has discriminated against you. In recent years, age discrimination claims are on the rise, and laws protect workers as young as 40, but it’s important to note that these claims can be complex without the guidance of an attorney. If you suspect age discrimination, begin taking steps to document how you’re being mistreated. Email evidence of age bias, a wave of new hires from a specific age group, terminations from a certain age group, or disparaging remarks related to age can all be evidence of age discrimination. Bringing a case cannot be based on a hunch or disagreement, you will have to be able to prove your case.

Federal Age Discrimination Laws

The Age Discrimination and Employment Act protects employees and job applicants aged 40 and above from any age based discrimination as it relates to all aspects of employment. It’s important to note that the ADA does not protect independent contractors, elected officials or military personnel. The law also only applies to specific businesses including:

• Employment agencies
• The federal government
• Local and state governments
• Labor organizations with 25 or more members
• Employers with 20 or more employees

California Age Discrimination Laws Applies to Small Employers as Well

In addition to federal protection, every state also has laws prohibiting age discrimination in employment. California’s age discrimination law is called the Fair Employment and Housing Act or FEHA. FEHA protects individuals aged 40 or older from discrimination in hiring practices or in the workplace. While the California law has similar components to the ADA, it also has a much broader span. FEHA applies to smaller employers when compared with the federal law. All employers with at least five employees are covered by the California law.

What You Need to Know About Filing Age Discrimination Complaints in California

One of the first things you should do after you believe that you have been a victim of age discrimination is to consult with a California labor attorney. He or she may decide to file your complaint with the Division of Labor Standards Enforcement, the Equal Opportunity Employment Commission, or the Department of Fair Employment and Housing. These initial procedural decisions will be crucial to the success of your case.

If your attorney chooses to file a complaint with the Department of Fair Employment & Housing, she may use circumstantial evidence to illustrate disparate treatment. For example, if an employer has consistently hired significantly younger individuals to replace a person over 40 that has recently been fired, this evidence could be persuasive.  The statute will begin running when you’ve officially filed your claim. You will file an intake questionnaire and an affidavit describing the discrimination, and any other disparate actions that were taken against you. If the employer takes retaliatory actions against the former employee, each agency would consider this an additional violation of the law. If substantial evidence of discrimination is uncovered, the finding agency may choose to initiate a lawsuit.

This is particularly true with the Equal Employment Opportunity Commission. If the EEOC doesn’t find substantial facts to support the complaint, then the complaint will be dismissed and will issue a right to sue letter to the individual who submitted the original complaint. Then the original complaining party, with the help of his or her California labor attorney will have the option to file a lawsuit within 90 days of receiving this letter.

You also have the option of having your attorney file a complaint with the Department of Industrial Relations with the Division of Labor Standards Enforcement. Adverse actions in California could include suspension, demotion, unlawful discharge, refusal to hire or promote or a reduction of pay or hours. It is best to file a complaint sooner rather than later in order to protect yourself. Consulting with an experienced California labor attorney is strongly recommended.

As you can see, there are numerous avenues and layers involved when filing an age discrimination claim. Some of the most common situations involving an age discrimination claim are during the hiring, firing, and promotion process. Often, age discrimination plagues the workplace quietly, making it difficult to collect evidence or file a claim. The complexity of these claims highlights why it’s so important to hire an age discrimination lawyer as soon as possible.