California Age Discrimination Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- What Is Age Discrimination in California?
- Examples of Age Discrimination Under California Rules
- Layoffs, Salary, and Disparate Impact
- Severance Agreements for Workers 40 and Older
- How Do You Prove Age Discrimination?
- California Law vs. Federal Law
- Is It Legal to Fire an Older Worker in an At-Will Job?
- Can My Employer Retaliate If I Complain?
- What Is the Average Payout for Age Discrimination?
- How Long Do I Have to Act?
- Serving Employees Across California
- Age Discrimination Lawyer FAQs
- Request a Free Case Review
- California protects workers and applicants who are 40 or older from age discrimination (Gov. Code 12926(b)).
- California’s age protections apply to employers with 5 or more employees. The federal law starts at 20.
- Laying off workers based on salary may be age discrimination if it hits older workers as a group harder.
- A severance agreement that waives federal age claims must give you at least 21 days to consider it and 7 days to revoke it.
- Your employer cannot retaliate against you for complaining about age discrimination.
If you were laid off, passed over, or pushed out because of your age, a California age discrimination lawyer can help you understand your rights and options. Abramson Labor Group represents employees, never employers, in age discrimination claims. Our case reviews are free and confidential, and we work on contingency.
Legally Reviewed By:
Founding Partner
Read bio
Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
- A documented age result. Our results include $200,000 in an age discrimination case. See our case results. Every case is different. Past results do not guarantee a similar outcome.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Is Age Discrimination in California?
Age discrimination, or ageism at work, happens when an employer treats a worker or applicant worse because of age. California protects older workers’ rights at every stage, from hiring to layoffs. Age is a protected class in California once you turn 40. Under the Fair Employment and Housing Act (FEHA), “age” refers to “the chronological age of any individual who has reached a 40th birthday” (Government Code section 12926(b)). An employer may not, because of age, “refuse to hire or employ the person,” “discharge the person from employment,” or “discriminate against the person in compensation or in terms, conditions, or privileges of employment” (Government Code section 12940(a)).
FEHA applies to employers “regularly employing five or more persons” (Government Code section 12926(d)). The Civil Rights Department adds that its harassment protections “apply to all employers,” and that people wrongly believed to be 40 or older are protected too. Our article on how to spot age discrimination in California workplaces covers common warning signs.
- You were laid off in a “restructuring,” then your job was posted or filled by a younger worker
- Layoffs targeted the highest-paid employees, who were mostly older
- You were passed over for a promotion or raise given to a younger, less experienced coworker
- Managers made comments about your age, retirement plans, energy, or “fit” with a younger team
- Your employer pressured you to retire or offered a choice between retirement and poor reviews
- You were not hired after an interviewer asked about your graduation year or retirement timeline
Examples of Age Discrimination Under California Rules
The Civil Rights Department’s age discrimination fact sheet gives concrete examples:
- Job ads. Ads that signal a preference for younger applicants, such as “Looking for someone young and energetic to join the team” or “Searching for a recent college graduate or early career professional.”
- Layoffs. “A financial or operational need to downsize does not justify discrimination against employees because of age.”
- Pay. Paying workers 40 and older less than others doing equivalent work because of age.
- Training. The fact sheet lists refusing to train an employee on new technology because of age as a form of harassment.
Age may lawfully matter only in narrow cases, such as mandatory retirement in certain professions or a “bona fide occupational qualification,” according to the same fact sheet.
Layoffs, Salary, and Disparate Impact
Can your employer lay you off because of your age? No. Age discrimination is often hidden inside layoffs, and California law addresses this directly. In Government Code section 12941, the Legislature declared “that the use of salary as the basis for differentiating between employees when terminating employment may be found to constitute age discrimination if use of that criterion adversely impacts older workers as a group.” The same section declares that “the disparate impact theory of proof may be used in claims of age discrimination.”
State regulations go further. “There is a presumption of discrimination whenever a facially neutral practice has an adverse impact” on applicants or employees 40 or older, unless the practice is “job-related and consistent with business necessity.” In layoffs or salary cuts, an employer’s preference to keep a lower-paid worker, “alone, is insufficient to negate the presumption” (2 CCR 11076(a)).
| Type of claim | What it means | What it can look like |
|---|---|---|
| Disparate treatment | The employer treated you worse because of your age | A manager says the team “needs younger energy” and replaces you with a much younger worker |
| Disparate impact (sometimes called indirect discrimination) | A neutral-looking policy falls hardest on older workers as a group | Layoffs based on salary that remove mostly workers over 40 |
Severance Agreements for Workers 40 and Older
Many layoffs come with a severance offer that asks you to give up legal claims. Under federal law, a waiver of age discrimination claims must be “knowing and voluntary” (29 U.S.C. 626(f)(1)). Among other requirements:
- You must be “advised in writing to consult with an attorney prior to executing the agreement.”
- The agreement must give you “a period of at least 21 days” to consider it, or at least 45 days when the offer is part of a group layoff or exit program.
- You may revoke the agreement “for a period of at least 7 days” after signing.
Those time limits exist so you can get advice before you sign. Read our article on severance agreements in California, and consider speaking with an employment attorney before you sign away any claims.
How Do You Prove Age Discrimination?
Under the regulations, age discrimination “may be established by showing that a job applicant’s or employee’s age of 40 or older” was considered in the denial of employment or an employment benefit (2 CCR 11076(a)). Age does not have to be the only reason. In Harris v. City of Santa Monica (2013), the California Supreme Court required the employee to show that discrimination was “a substantial motivating factor.” If the employer then proves it would have made the same decision for lawful reasons, the court held that the employee “cannot be awarded damages, backpay, or an order of reinstatement,” though other relief and attorney’s fees may remain available.
Evidence that often matters includes who replaced you and how old they are, comments about age or retirement, layoff selection criteria, pay data, and performance reviews before and after a new manager arrived. Keep records you are lawfully entitled to keep.
California Law vs. Federal Law
| Question | California (FEHA) | Federal (Age Discrimination in Employment Act, ADEA) |
|---|---|---|
| Who is protected? | People 40 and older (Gov. Code 12926(b)) | People 40 and older (EEOC) |
| Which employers are covered? | 5 or more employees; harassment rules cover all employers (CRD) | 20 or more employees (EEOC) |
| Salary-based layoffs | Can be age discrimination if they hit older workers as a group (Gov. Code 12941) | Neutral policies can be illegal if they harm workers 40+ and are not based on a reasonable factor other than age (EEOC) |
Is It Legal to Fire an Older Worker in an At-Will Job?
At-will employment means an employer can usually end the job for any lawful reason, but not for a discriminatory one like age. Our articles on at-will employment and when a firing is illegal explain the limits. If you were let go, our wrongful termination page explains how those claims work. If your employer pressured you into retiring or quitting, see constructive discharge.
Can My Employer Retaliate If I Complain?
No. FEHA makes it unlawful to “discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part” or has “filed a complaint, testified, or assisted in any proceeding” (Government Code section 12940(h)). See our retaliation page. For a broader look at FEHA, read your legal protections against discrimination at work.
What Is the Average Payout for Age Discrimination?
No official average exists. Value depends on lost pay, the evidence, and the harm you suffered. According to the California Civil Rights Department, remedies for employment discrimination can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, emotional distress damages, punitive damages, and attorney’s fees and costs. An age discrimination lawyer looks at which of these fit your facts. Our firm’s results include $200,000 in an age discrimination case, and every case is different. Our article on the average wrongful termination settlement in California explains the factors that often drive value.
How Long Do I Have to Act?
Deadlines depend on the type of claim. For FEHA employment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” Other claims can have different deadlines, so it is worth having your situation reviewed early. An age discrimination lawyer can evaluate which deadlines apply to you.
Serving Employees Across California
We represent employees facing age discrimination in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. In Los Angeles, see our Los Angeles age discrimination lawyer page.
Age Discrimination Lawyer FAQs
How much does an age discrimination lawyer cost?
Nothing up front. We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
Am I protected if I am under 40?
Generally, no. California’s age protections cover individuals who have reached their 40th birthday (Government Code section 12926(b)). Other protections, such as those for disability, sex, or religion, may still apply.
Can an employer ask how old I am?
Generally, no. Employers “cannot ask a job candidate to share their age, date of birth, or graduation date,” according to the Civil Rights Department. Write down the question and who asked it.
Can my employer force me to retire?
Usually not. “Private employers generally cannot force someone to retire just because they reach a specific age over 40,” the Civil Rights Department says. Narrow exceptions exist for certain professions.
Can my employer pay older workers differently?
Only for reasons other than age. The CRD says employers may pay differently for “experience or other business-related, nondiscriminatory reasons,” but not because a worker is 40 or older.
Can I sue for age discrimination in California?
Yes. Under FEHA, a lawsuit generally follows a right-to-sue notice from the Civil Rights Department, and the lawsuit must be filed within one year of that notice (CRD). An early right-to-sue notice starts that clock, so consider speaking with an employment attorney first. You do not have to quit first; see suing your employer while still employed.
What records should I keep?
Keep performance reviews, layoff notices, severance offers, and messages you are lawfully entitled to keep. Write down comments about age and who replaced you. Do not take confidential company files. See what to document if you are experiencing workplace misconduct, or read how to know if you have an employment law case.
Request a Free Case Review
If you believe your age played a part in how you were treated, an age discrimination attorney at our firm can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.