Navigating Age Discrimination in California: A Comprehensive Guide (Part 1)

For many people, age is nothing but a number. Most people are still able to perform effectively despite their age. Unfortunately, some employers judge individuals based on their age. Some employers mistreat people because of their age. When an employer mistreats a person because of their age, age discrimination has occurred. Fortunately, state and federal laws are in place to help prevent and fight age discrimination. In this first part of the four-part series of the article titled “Navigating Age Discrimination in California: A Comprehensive Guide,” we discuss the meaning of age discrimination in California, the laws that prohibit age discrimination, the actions prohibited under the law, which employers are covered under the law, and which individuals are protected.

What is Age Discrimination in California?

Age discrimination happens when an employer treats a person less favorably because of their age. In California, age discrimination arises when an employer mistreats an individual because they are 40 or older. In California, if someone aged 40 or above has been adversely affected by an employment action that an employer took because of their age, it is considered age discrimination. Age discrimination is against both state and federal laws. 

The Laws That Prohibit Age Discrimination

Under federal law, age discrimination in employment is barred under the Age Discrimination in Employment Act (ADEA). Under state law, age discrimination in employment is prohibited under the Fair Employment and Housing Act (FEHA). However, these two sets of rules may differ in the scope of protections provided. When the two laws vary, employers are usually bound by the law that protects the affected individual most. Generally, state law offers more protection than federal law.

Which Employers are Covered Under the Law

The federal Age Discrimination in Employment Act (ADEA) applies to employers with at least twenty employees. On the other hand, the FEHA applies to employers with at least five employees.

Which Workers are Protected by the Law?

First, the FEHA protects employees, including temporary employees. An employee is someone working under the control and direction of the employer and whom the employer has agreed to hire. Second, the law covers job applicants. It is illegal for an employer to refuse to hire someone or refuse to select them for training that might lead to employment based on their age.

The FEHA does not cover independent contractors against age-based discrimination. People employed by their spouse, parent, or child are also not protected by the FEHA.

Which Actions Constitute Age Discrimination?

Examples of acts that may constitute age discrimination include the following;

• Termination
• Lay off
• Refusing to hire a job applicant
• Reducing an employee’s salary
• Demotion
• Refusing to promote an employee
• Forcing an employee to transfer

Sometimes, age discrimination is obvious. Other times, it can be challenging to detect age discrimination. Signs that could indicate age discrimination include the following;

• Forcing older workers to retire
• Making older workers take on certain duties
• Firing employees who have been with the company for long
• Firing higher-salary employees

Contact a California Employment Lawyer

If you need more information on age discrimination or suspect that you or someone you know has been a victim of age discrimination, contact a California employment lawyer.