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.
Age discrimination happens when an employer treats a worker or applicant worse because of age. Under California’s 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)). Our article on how to spot age discrimination in California workplaces covers common warning signs.
Age discrimination is often hidden inside layoffs. 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.”
| Type of claim | What it means | Example |
|---|---|---|
| Disparate treatment | The employer treated you worse because of your age | A manager says the team “needs younger energy” and replaces you with a 30-year-old |
| Disparate impact | A neutral-looking policy falls hardest on older workers as a group | Layoffs based on salary that remove mostly workers over 40 |
If your employer offered a severance package during a layoff, read our article on severance agreements in California before you sign. Signing may give up legal claims.
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 you were pressured into retiring or quitting, see constructive discharge.
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.
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. What is available depends on the facts of your case.
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 employment attorney can evaluate which deadlines apply to you.
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.
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.
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.
Possibly. California law says using salary to decide who is terminated “may be found to constitute age discrimination” if it adversely impacts older workers as a group (Government Code section 12941). An employment attorney can evaluate the facts.
Keep performance reviews, layoff notices, severance offers, and messages you are lawfully entitled to keep, and 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.
If you believe your age played a part in how you were treated, we 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.
Abramson Labor Group offers 100% risk free case evaluations. Fill out the form below or call us today!
Prefer to talk? (213) 493-6300
1700 W Burbank Blvd, Burbank, CA 91506