Age Discrimination in California: Protecting Older Workers’ Rights

If you’re over 40 and you’ve been treated differently at work, fired, passed over for promotion, or pushed out because of your age, you may have experienced age discrimination. And in California, that’s illegal—no matter how your employer tried to justify it.

What Is Age Discrimination?

Age discrimination happens when an employer treats you unfavorably because of your age. It’s illegal under federal law (Age Discrimination in Employment Act) and California law (Fair Employment and Housing Act, or FEHA). If you’re 40 or older, you’re protected.

Common examples include:

• Being fired or laid off while younger employees with similar roles kept their jobs
• Being passed over for a promotion in favor of a younger, less experienced employee
• Being offered less desirable assignments, training, or opportunities
• Being harassed about your age or retirement
• Being forced to take early retirement or “buyout” packages
• Receiving negative performance reviews that seem to focus on age-related stereotypes (“outdated,” “not a culture fit,” “lacks energy”)

Why Age Discrimination Still Happens

Employers often hide age discrimination behind neutral language. They say you’re “overqualified,” your “salary is too high,” the company is “going in a new direction,” or they need someone with “fresh ideas.” But if the real reason is your age, it’s discrimination—and it’s illegal.

California’s FEHA is stricter than federal law. It protects employees 40 and older, and it gives you stronger remedies if you win your case.

Your Rights Under California Law

If you’ve experienced age discrimination, you have the right to:

• File a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the discrimination
• Sue your employer for damages including back pay, lost benefits, and compensation for emotional distress
• Recover attorney’s fees if you win
• Protection from retaliation — your employer cannot punish you for complaining about age discrimination

California courts have consistently found that age is not a legitimate reason to treat an employee differently. Period.

How to Spot Age Discrimination

Pay attention to:

• Comments about your age, retirement plans, or how long you’ve been in the workforce
• Being excluded from meetings, projects, or opportunities given to younger colleagues
• Sudden negative performance evaluations after years of good reviews
• Layoffs that disproportionately affect older workers
• Job postings that use coded language like “digital native,” “high energy,” “recent graduate,” or “young, dynamic team”

What You Should Do

If you think you’ve experienced age discrimination:

1. Document everything. Keep emails, messages, performance reviews, and notes of conversations with dates.
2. Report it internally if your company has an HR department, and keep a record of your complaint.
3. Consult an employment attorney. There are strict deadlines for filing complaints, and an attorney can protect your rights.

You’re Not Alone

Age discrimination is common in California. Employers often assume older workers are less adaptable, more expensive, or less committed—stereotypes that California law rejects. Your experience, reliability, and knowledge have value.