How Does California Law Protect Against Age Discrimination in the Workplace?
Many employees over the age of 40 face uncertainty and discrimination in the workplace. To combat the effects of age discrimination, the federal Age Discrimination in Employment Act (ADEA) of 1967 was enacted. This federal law protects workers over 40 by prohibiting age discrimination and harassment.
The ADEA applies to all employers with 20 or more employees, including private employers, government employers, labor unions, and employment agencies.
What Is Age Discrimination?
Age discrimination occurs when an employee or job applicant is treated unfairly due to their age. It involves mistreatment in hiring, promotions, training, compensation, or termination because the individual is over 40. Salary-based decisions that unfairly impact older workers can also be considered age discrimination.
California’s Fair Employment and Housing Act (FEHA) and Age Discrimination
In California, the Fair Employment and Housing Act (FEHA) expands protections for workers over 40. Under FEHA:
- Employers with 5 or more employees are prohibited from age discrimination.
- All employers, regardless of size, are prohibited from age-based harassment.
- California courts are required to follow a broader interpretation of age discrimination law.
Examples of Age Discrimination
Employment actions that may be considered age discrimination include:
- Failure to hire.
- Lay-offs.
- Termination.
- Demotion.
- Denying promotions.
- Denying training opportunities.
- Lowering wages.
- Mistreatment or harassment.
- Denying medical leave.
How to Prove Age Discrimination
To prove age discrimination, an employee must demonstrate:
- The employer is a covered entity.
- The affected individual is 40 or over.
- The individual was adversely impacted by the employment action.
- The employer took the action because of the individual’s age.
What Steps Should You Take If You Face Age Discrimination?
If you suspect you’ve faced age discrimination, you must file a claim with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) before pursuing legal action. It’s essential to gather all relevant information to prove your claim during the initial investigation.
At TONG LAW, our experienced attorneys will advocate for your rights and help you through the legal process.
Author Bio
Vincent Tong is the CEO and Managing Partner of TONG LAW, a business and employment law firm located in Oakland, CA. Vincent is a fierce advocate for employees facing discrimination and wrongful termination. With several successful jury trial victories and favorable settlements, he has earned a strong reputation for delivering exceptional results for his clients.
In addition, Vincent provides invaluable counsel to businesses, guiding them on critical matters such as formation and governance, regulatory compliance, and protection of intellectual property assets. His depth of experience allows him to anticipate risks, devise strategies to avoid legal pitfalls, and empower clients to pursue their goals confidently.
Vincent currently serves as the 2021 President of the Board of Directors for the Alameda County Bar Association and sits on the Executive Board for the California Employment Lawyers Association. Recognized for outstanding skills and client dedication, he has consecutively earned the Super Lawyers’ Rising Star honor since 2015, reserved for the top 2.5% of attorneys. He also received the Distinguished Service Award for New Attorney from the Alameda County Bar Association in 2016. He is licensed to practice before all California state courts and the United States District Court for the Northern and Central Districts of California.
