How to Spot Age Discrimination in California Workplaces

December 17, 2024

Age discrimination in the workplace is a serious issue that can affect employees’ careers, financial stability, and overall well-being. While California has robust laws to protect workers from such bias, age discrimination often occurs in subtle or disguised ways, making it difficult to identify and prove. At Abramson Labor Group, we are committed to ensuring that every worker is treated fairly, regardless of their age. In this blog post, we’ll explore how to recognize age discrimination, the laws that protect employees, and what steps to take if you believe you’ve been a victim.

What Is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated unfavorably because of their age. In California, workers aged 40 and older are specifically protected under both federal and state laws. Discrimination can occur during hiring, promotions, compensation, layoffs, and other aspects of employment.

While age discrimination is illegal, it can manifest in ways that are not always obvious, requiring employees to be vigilant about their rights.

Signs of Age Discrimination in the Workplace

1. Biased Comments or Stereotypes

Pay attention to language used by supervisors, coworkers, or HR personnel. Examples include:

• Referring to older employees as “slow” or “outdated.”
• Making jokes about retirement or age-related health issues.
• Claiming you’re “too experienced” or “overqualified” for a role.

Even subtle remarks about your age can indicate a discriminatory mindset.

2. Unjustified Layoffs or Demotions

If you notice that older employees are disproportionately affected during layoffs or demotions, age discrimination may be at play. Employers may try to justify these actions with vague reasons like “restructuring” or “cost-cutting.”

3. Favoring Younger Employees

Signs of favoritism towards younger workers include:

• Promoting younger, less experienced employees over older, more qualified ones.
• Assigning meaningful projects or growth opportunities only to younger staff.
• Excluding older employees from team activities or decision-making processes.

4. Push for Retirement

An employer suggesting or pressuring you to retire can be a form of age discrimination. While retirement is a personal decision, some employers may try to frame it as a “mutual benefit.”

5. Changes in Performance Reviews

Sudden negative performance reviews without valid justification, especially after years of positive feedback, could signal age discrimination. Employers may use these reviews to build a case for termination or demotion.

Laws Protecting Against Age Discrimination

California workers are protected from age discrimination under several laws:

1. Federal Law: Age Discrimination in Employment Act (ADEA)

The ADEA prohibits employers from discriminating against individuals aged 40 and older in hiring, firing, promotions, and other employment decisions.

2. California Law: Fair Employment and Housing Act (FEHA)

FEHA provides broader protections than federal law, covering smaller employers and additional employment practices.

3. Retaliation Protections

Both ADEA and FEHA prohibit employers from retaliating against employees who report age discrimination.

How to Prove Age Discrimination

To successfully prove age discrimination, you’ll need to demonstrate the following:

1. You’re Over 40: The law specifically protects workers aged 40 and older.
2. Adverse Action: You were fired, demoted, passed over for a promotion, or otherwise treated unfairly.
3. Causal Connection: The adverse action occurred because of your age, as evidenced by discriminatory comments, policies, or patterns.

What to Do If You Suspect Age Discrimination

1. Document Everything

Keep detailed records of incidents that suggest age discrimination, including:

• Dates, times, and descriptions of discriminatory actions or comments.
• Emails, performance reviews, or policies that reflect bias.
• Witness accounts from coworkers who observed the discrimination.

2. Report the Issue

Raise your concerns with your employer’s HR department. Be sure to document all communications.

3. Consult an Employment Attorney

Navigating age discrimination cases can be complex, especially when employers deny wrongdoing. At Abramson Labor Group, our experienced attorneys can help you evaluate your case, gather evidence, and pursue the compensation and justice you deserve.

Damages You Can Recover

If you win an age discrimination case, you may be entitled to:

• Back Pay: Compensation for lost wages and benefits.
• Front Pay: Future wages if you’re unable to return to your position.
• Emotional Distress: Damages for mental anguish caused by the discrimination.
• Punitive Damages: Additional damages to punish the employer for egregious conduct.

Contact Us Today

No one should have to face discrimination at work because of their age. If you suspect age discrimination in your workplace, don’t wait to take action. Contact Abramson Labor Group for a free consultation.