California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) protect employees from age bias in employment, including hiring, firing, promotions, pay, and training. Consequently, unfavorable treatment of employees or job applicants who are 40 years old or older because of their age is illegal.
The provisions extend to stopping age-based harassment that results in an unfavorable workplace atmosphere. All company policies affecting older workers more than younger ones are prohibited under anti-age discrimination regulations.
If you experience age discrimination as an employee or job applicant, you can reach Empower Sexual Harassment Attorneys in San Diego. You will receive a private consultation about your case and learn the available legal choices.
Overview of Workplace Age Discrimination
Workplace age discrimination happens when someone treats older workers, those 40 and above, unfavorably because of their age. The illegal actions include firing employees and verbal abuse due to their age, and denying career advancement opportunities or training based on age instead of qualifications.
The Fair Employment and Housing Act (FEHA) provides primary age discrimination protection in California. FEHA protects workers aged 40 and older by prohibiting discrimination from employers with five or more employees due to age in any employment term or condition. The law protects employees from adverse employment actions such as termination, demotion, pay reduction, and non-hiring or non-promotion decisions made because of age.
FEHA protects workers from age-based harassment in every workplace, including those with any number of employees. The federal ADEA and FEHA offer comparable age-based protections to workers.
Objectives of the Fair Employment and Housing Act
The main aim of FEHA is to remove “discriminatory practices,” which include age discrimination in work environments.
- Promoting Equal Employment Opportunity
The FEHA regulations work toward “promoting equal employment opportunity” by creating employment practices that evaluate candidates based on their skills and abilities instead of group characteristics. The regulations help everyone understand their FEHA rights and duties, which promote voluntary compliance with the law.
- Liberal Construction and Enhanced Protections
The liberal-construction principle in FEHA creates broader employee protections than federal law, thus providing additional safeguards when federal standards do not apply. FEHA shows increased dedication to safeguarding older workers from discriminatory stereotypes by listing age (40 and above) as one of its protected categories.
- Safeguarding Older Workers in Practice
FEHA underwent an amendment on January 1, 2000, to explicitly ban age discrimination, thus providing state-level protection against employment decisions affecting workers aged 40 and older. FEHA functions to build an equal employment environment for workers older than 40 by eliminating judgments based on age.
Identifying Signs of Workplace Age Discrimination
It proves challenging to identify age discrimination because such cases can present themselves through clear actions or hidden patterns. Therefore, employees who have reached the age of 40 should understand the typical indicators of discrimination at work.
Warning Signs and Examples of Discriminatory Practices
The following signs often suggest that age becomes an improper factor in employment decisions:
- Unlawful Termination or Layoffs Targeting Older Workers
Employees who reach age 40 and above face termination through false performance-based reasons or restructuring efforts that lead to younger staff members receiving promotions into their roles.
Employers base their decisions against older workers on biased stereotypes about their operational abilities instead of objective performance metrics. When most layoffs target workers over 40 years old, it indicates discriminatory behavior.
- Discriminatory Workplace Policies or Practices
Neutral workplace policies designed after long periods of employment often create unfair harm to older workers. Organizations implement discriminatory policies by making roles dependent on new credentials for seasoned workers, moving job responsibilities toward younger workers’ abilities without proper training, and designing pay structures that favor newer employees. Excluding older workers from essential meetings and opportunities is one sign of bias.
- Forced or Coerced Retirement
Employers cannot force mandatory retirement on their workers, but may use subtle pressure to encourage older staff to leave their positions. Employees experience intolerable work conditions and receive undesirable tasks and negative reviews, which the employer repeatedly uses to pressure them into retirement. Early retirement incentives may conceal coercive actions because employees face the threat of termination or demotion if they do not accept the retirement offer.
- Offensive Age-Related Comments or Harassment
Severe or frequent age-related jokes, derogatory remarks, and insults can establish an illegal, hostile work environment. Such age-related harassment includes “Ok, Boomer” statements and using “over the hill” labels or describing employees as “too old” and “outdated” while also alleging their inability to master new technology. An offensive statement about age can eventually develop into a pattern demonstrating age discrimination.
- Sudden, Unjustified Negative Performance Reviews
A worker with solid performance records then gets unfavorable performance assessments that lack concrete supporting evidence and might be the target of age discrimination. Such reviews become more suspicious when they co-occur as new management takes over or when they precede layoffs that target older workers or function as justification for negative workplace actions.
- Denial of Jobs, Promotions, or Opportunities
Employers prefer younger workers who lack qualifications over older candidates who meet the requirements. When older internal candidates receive repeated rejections for advancement opportunities while their less senior peers gain such opportunities because of their age, it indicates possible discrimination.
Exceptions—What Does Not Necessarily Constitute Age Discrimination
The law does not consider every negative work experience directed at older workers illegal. Certain situations are generally permissible, including the following:
- Setting Specific, Job-Related Hiring Criteria
Employers must define job requirements that apply to all candidates without age discrimination. Age is a lawful employment criterion only within the limited context of Bona Fide Occupational Qualifications (BFOQs), which generally pertain to safety requirements or authenticity needs, such as age-based acting roles. It proves challenging to establish legal justification for BFOQs.
- Offering Generally Available Age-Based Discounts or Benefits
Most businesses can provide age-based discounts to their public customers. Workplace benefit plans that include health insurance coverage might establish age-based differences if these distinctions reflect substantial cost variations resulting from valid actuarial data rather than discriminatory reasons.
- Laws Restricting Minors from Hazardous Jobs
Child labor laws protect young workers by preventing them from working on dangerous tasks because of safety considerations. These protective measures safeguard young employees while they work and do not authorize discrimination against workers who are 40 years or older.
- Insurance or Benefit Adjustments Based on Legitimate Risk Factors
Insurance companies can use age-based decisions when they follow valid statistical data, such as actuarial tables, but must avoid using age as a discriminatory measure. The differences between costs and risks must be based on actual data.
- Employment Decisions Based on Documented Poor Performance or Misconduct
Employers maintain the right to discipline or terminate employees of any age for legitimate reasons that exclude age discrimination when the basis for action is documented poor performance, policy violations, or misconduct. The essential requirements include maintaining thorough documentation and fair rule application across all cases.
- Adherence to a Lawful, Pre-Established Mandatory Retirement Age
Workers aged 40 and above cannot face mandatory retirement under most circumstances. The law allows mandatory retirement only under limited conditions that apply to specific executive positions with defined retirement benefits and particular safety-sensitive roles specified by law. Early retirement programs become legal when employees freely choose to participate without facing any coercion.
Legal Framework and Statute of Limitations
Age discrimination litigation demands knowledge of the applicable laws and strict adherence to time limits referred to as statutes of limitations. The deadline requirements under FEHA and ADEA exist as strict regulations. Failing to meet these deadlines permanently stops you from accessing future legal remedies.
Statute of Limitations for Filing an Administrative Claim
Before starting a lawsuit, you must submit your formal administrative charge or complaint to the appropriate government agency. The initial step requires different time constraints for state and federal claims, constituting an essential requirement.
- Filing Deadlines Under Different Laws
- California Fair Employment and Housing Act (FEHA)
You must submit a formal complaint to the California Civil Rights Department (CRD), which used to be known as the Department of Fair Employment and Housing (DFEH). Individuals must submit complaints about discriminatory events after January 1, 2020, within three years starting from the final discriminatory incident. The CRD requires all FEHA plaintiffs to file their complaint before they can file a state court lawsuit.
- Age Discrimination in Employment Act (ADEA)
Individuals should file discrimination charges with the U.S. Equal Employment Opportunity Commission (EEOC). California residents must file complaints within 300 days after the final discriminatory incident. The extended 300-day deadline exists in California because the state maintains its anti-discrimination organization.
- Work-Sharing Agreement
The CRD and EEOC have established a work-sharing agreement that treats a single filing with one organization as equivalent to filing with both agencies. Verify with the proper authorities to guarantee appropriate claim registration when you aim to protect both state and federal rights.
- Deadlines for Filing a Lawsuit
When an administrative complaint is filed and a “Right-to-Sue” notice is received, the following court filing deadlines become applicable.
- FEHA Lawsuit (State Court): A Notice of Right to Sue from the CRD starts the one-year deadline to file your lawsuit in the California Superior Court.
- ADEA Lawsuit (Federal Court): You must file your lawsuit within 90 days after getting the EEOC’s Notice of Right to Sue. The deadline for filing a lawsuit after submitting an EEOC charge extends to 60 days beyond the initial filing date, even without the notice.
- The Continuing Violation Doctrine
The continuing violation doctrine applies to situations where discrimination occurs through ongoing policies or related sequences of actions. The principle enables an extension of filing deadlines when connected discriminatory acts occur. The period specified by the statute starts from the most recent discriminatory act.
A legal examination must be done to determine whether this doctrine applies. If you believe age discrimination exists, immediate consultation with a professional employment attorney specializing in this field becomes necessary because these deadlines are absolute.
Filing an Age Discrimination Lawsuit
Acting on age discrimination cases follows specific steps, beginning with administrative complaints that could lead to court proceedings.
Initiating the Administrative Complaint Process
You must file a timely complaint or charge with the appropriate government agency before suing under FEHA or ADEA.
- California Civil Rights Department (CRD)
The deadline to file such complaints is three years from the last discriminatory act (which began on January 1st, 2020).
You could file in the following ways:
- Online (fastest way): The California Civil Rights System portal at CRD allows users to file complaints.
- Email/mail: The CRD website features an intake form, which users must download before sending it through email or standard mail delivery to CRD headquarters.
- Phone: Contact the CRD communication center to obtain help.
- In person: The California Department of Fair Employment and Housing should be visited with a scheduled appointment.
Give precise details about the discriminatory incidents, including dates, events, witnesses’ names, and evidence. When filing or seeking immediate court action, you can ask CRD for the notice. The CRD investigation ends when this request is filed, but the plaintiff can file a lawsuit earlier.
- Equal Employment Opportunity Commission (EEOC)
You must submit your complaint to CRD within 300 days after the original discriminatory event in California.
Like with CRD, you could file in the following ways:
- Online: The EEOC Public Portal requires users to participate in an inquiry followed by an interview.
- Phone: You can obtain information from or initiate proceedings with the EEOC by calling their office.
- Mail: A written document with essential information must be sent to the closest EEOC office.
- In-Person: You must arrange an interview with the EEOC at their office.
Employer Response and Agency Investigation
Once your complaint is filed, the agency sends a notification to the employer and demands a formal position statement. The agency then conducts its investigation impartially by speaking with involved parties while asking for documents and examining evidence. Afterward, the agency evaluates evidence to establish whether discriminatory reasons exist.
Mediation and Litigation Processes
The investigation process allows different options to become available before or after the investigation concludes. CRD and EEOC provide free, confidential mediation services that assist parties in establishing agreements through settlement. The investigation ends with success, but when it is unsuccessful, it typically continues.
- Agency Finding and Conciliation
The agency concludes investigations by issuing a Notice of Right to Sue when no reasonable cause of discrimination exists. After determining reasonable cause, the agency will generally work to achieve a settlement through conciliation.
- Agency Litigation or Right-to-Sue
After conciliation fails, the agency may file a legal suit against the employer or issue a Right to Sue notice, which enables you to file your lawsuit.
- Filing a Civil Lawsuit
The main requirement for civil lawsuits is the Notice of Right to Sue or a 60-day waiting period from EEOC filing. The deadline for court filing begins one year after CRD issues notice under FEHA or 90 days from the EEOC’s notification, according to ADEA. FEHA claims start in the California Superior Court, while ADEA claims usually begin at the Federal District Court.
- Proving Your Case in Court
You must establish these four general elements to make your case as the plaintiff:
- You are 40 or older
- The adverse employment action affected you
- Your work performance remained satisfactory, or you maintained the needed qualifications
- Age served as a significant factor that motivated the discriminatory action
- You suffered harm
Recovering Damages in Age Discrimination Lawsuits
The successful resolution of an age discrimination lawsuit enables the plaintiff to obtain different compensation and remedial measures. The goals from these cases typically include compensation for the harm done (“make-whole” relief) and punishment of the employer in select instances.
FEHA and ADEA provide two types of damages that include the following:
- Economic Damages (To Compensate for Financial Losses):
- Lost Wages and Benefits (Back Pay): A victim of age discrimination can recover their salary, bonus payments, commission income, and all benefits they lost between the time of discrimination and the settlement or judgment date. Interest may be added.
- Lost Future Earnings (Front Pay): This compensation exists when reinstatement proves impossible and provides monetary value to cover projected earnings and benefits from the time the employment search begins until retirement or suitable employment is secured.
- Compensation Related to Pay/Promotions: A victim of discriminatory promotion, raise denial, or pay reduction can obtain compensation for their lost income.
- Lost Pension and Other Benefits: The law grants financial compensation to employees who experience diminished retirement benefit values because of discriminatory practices.
- Non-Economic Damages
These compensate for intangible damages. The law allows you to seek compensation for mental distress, suffering, anxiety, and humiliation that stem from discriminatory experiences under FEHA. FEHA does not specify any maximum limits for damages.
- Punitive and Liquidated Damages
- Punitive Damages Under FEHA
Judicial awards are possible when employers exhibit malice, oppression, or fraud during their conduct. Such damages exist to punish the employer while preventing similar misconduct from occurring again. Proof standards must reach a superior level.
- Liquidated Damages Under ADEA
Punitive damages become available when the violation is “willful.” The back pay award receives a double amount from the liquidated damages. The law provides compensatory and deterrent functions when applied in a federal context. The ADEA does not permit standard punitive damages to be awarded for age discrimination cases.
- Equitable Relief/Court-Ordered Actions
The court provides an order that requires employers to rehire employees either in their previous position or in a similar role. Also, as an injunctive relief, the court could mandate employers to modify their existing policies and conduct discrimination prevention training.
- Attorney’s Fees and Costs
If you win your case under FEHA and ADEA, you can recover your reasonable attorney fees and litigation expenses from your employers, which helps you pursue legal remedies. The damages awarded in discrimination depend on the factual details, the presented evidence, and the claims being pursued.
Protection Against Retaliation
A person cannot face retaliation from their employer when they exercise their rights to fight age discrimination under FEHA and ADEA. When someone engages in protected legal activities, their employer cannot retaliate by taking adverse actions against them.
Protected activities include:
- Employees have the right to report their experiences of age discrimination and harassment
- A person should file complaints with the CRD or the EEOC
- Participation in investigations or lawsuits about discrimination cases
- Taking action against practices you reasonably think are discriminatory
A retaliatory action against protected rights involves any measure that would discourage an average employee from using their rights, which includes:
- Termination of employment. It serves as one adverse action along with demotion, suspension, and refusal to hire.
- Unwarranted negative reviews or disciplinary action
- Pay reduction, shorter work hours, and denial of bonus payouts
- Transfers to less desirable roles or locations
- Increased scrutiny or micromanagement
- Exclusion from meetings or opportunities
- Threats, intimidation, or negative references
A separate legal claim exists for retaliation. A valid retaliation claim stands independently from a failed discrimination claim when you demonstrate that the adverse action resulted from protected activity. A new discrimination complaint with separate damages can be filed when you encounter retaliation due to protected activities.
Find a Workplace Discrimination Attorney Near Me
The laws protecting workers aged 40 and older from age discrimination are established provisions under California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA). FEHA protects employees aged 40 and above from age discrimination and workers who report or investigate age bias incidents from employer reprisals. Under the ADEA, employers must treat employees and applicants aged 40 and above equally, regardless of their age, and they cannot retaliate against anyone who opposes age discrimination.
The complex California and federal employment laws require professional legal assistance. The laws encompass demanding procedural rules, strict deadlines, and specific evidence standards. If you face age discrimination, a qualified employment law attorney can evaluate your situation to guarantee procedural compliance and collect evidence to build your discrimination case.
At Empower Sexual Harassment Attorneys, we protect employee rights through dedicated legal support for that particular situation. Contact our San Diego office at 619-604-3027 to discuss your case and understand how we will defend your rights or obtain the justice you deserve.
