Common Examples of Age Discrimination in California Workplaces: Know Your Rights

It can be challenging to know if you are experiencing unequal or biased treatment in the workplace and if that has to do with your age or other reasons. It is vital to know what common examples of age discrimination in California workplaces can look like so that you know when it is happening to you and can take action to protect your rights.

What Age Discrimination in Workplaces Can Look Like

If you are forty or older, and you believe you are being treated unfairly due to your age in your place of work, you may have a legal claim under California’s Fair Employment and Housing Act (FEHA) or under federal laws like the Age Discrimination in Employment Act (ADEA).

Estimates show that between 77% and 93% of older adults experience ageism, so it is important to know what this discrimination may look like to know if what you are experiencing is discrimination. A list of common examples is as follows:

• Biased hiring practices. This can manifest as job ads that say “young and energetic” or “digital native.” Interviewers may dismiss qualified older candidates due to their age, and only younger applicants receive a callback despite similar or weaker qualifications.
• Unequal promotion or advancement. This happens if an older employee gets passed over for a promotion in favor of a younger and less experienced co-worker. Older workers may be denied professional development or training opportunities due to their age.
• Harassment or offensive comments. Jokes, nicknames, or insults related to age, like “boomer,” “dinosaur,” and “grandma,” can be forms of age discrimination. Remarks similar to “you’re not as fast as you used to be” or “we need fresh energy around here” can be forms of discrimination.
• Sudden negative treatment. If you find that after turning forty or fifty, you start to receive poor performance reviews for the same level of work you have been doing without clear justification, this may be discrimination.
• Unequal pay or benefits. As an older employee, if you are offered lower compensation or fewer benefits than your younger co-workers who perform similar work, this can be a form of age discrimination.

How to Respond to Age Discrimination in the Workplace

If you believe you are experiencing age discrimination in the workplace, it’s important to respond thoughtfully and protect your rights. You can do this by first documenting every incident of alleged discrimination. Document the details of what happened, when it happened, where, who was involved, and any specific comments that were made. Keep copies of key emails, texts, performance reviews, and any other relevant documents.

If you feel safe doing so, you can follow your company’s complaint procedure, which is usually through HR or your direct supervisor, unless they are the problem. When you file a formal complaint, make sure you keep a copy, as this can be useful in a future claim.

Consider speaking with a lawyer who works on age discrimination cases, as they can evaluate your case and help you navigate the unique legal complexities. They can also help you file an official complaint with a government agency, like the EEOC or the California Civil Rights Department, as this is generally required before taking legal action.

FAQs

What Qualifies as Age Discrimination in California?

In California, age discrimination is when an employee or job applicant is treated less favorably because of their age. This violates the Fair Employment and Housing Act (FEHA). It is also important to note what is not considered age discrimination. If you are facing a layoff due to genuine business needs that impact co-workers of all ages, this is probably not related to your age.

What Is a Real-Life Example of Age Discrimination in the Workplace?

A real-life example of age discrimination in the workplace can manifest in several different ways. One may be that a job posting states that they want a “recent college graduate” or someone “young and energetic,” even when the role doesn’t specifically require it. It can discourage older applicants from applying, which may be discriminatory. It can also look like an older employee with qualifications getting skipped over for a promotion for a younger, less qualified co-worker.

What Proof Do You Need for Age Discrimination?

It can be challenging to prove age discrimination, so there are key elements that you need for a successful case. You have to show that you are 40 years old or older, that you are qualified for your position, and that you have been performing your job well. Then, you can demonstrate that you suffered an adverse employment action, such as getting fired, demoted, or passed over for a promotion, and age was a contributing factor to this action.

How Expensive Is an Age Discrimination Lawyer?

The cost of working with an age discrimination lawyer can vary depending on several key factors, like their experience level, the complexity of the case, how long the case will take, the jurisdiction, and their fee structure. An age discrimination lawyer can offer several different types of fee structures, such as an hourly rate, flat fee, or contingency fee, where you do not pay anything upfront, and the lawyer receives a percentage of your settlement as payment.

How Long Do Age Discrimination Cases Take?

How long an age discrimination case may take can vary depending on how complex the case is and if it settles early in negotiations or goes to trial. The steps in the case that can affect the timeline include the initial investigation, settlement negotiations, and trial, if applicable to your situation. If a case goes to court, you can anticipate that it will take longer than if you settle outside of court.

Speak With a Trusted Age Discrimination Lawyer Today

If you or someone you know is experiencing age discrimination at their job, it is important to know that you have options and can reach out to a legal advocate who can confidently advocate for you. Work stress is never easy, but when it occurs due to a violation of your rights, you deserve to take action to protect yourself and remedy the situation.

Reach out to the Law Office of Frank S. Clowney III today to set up an initial consultation and get the support you need.