California Age Discrimination Lawyers Protecting Older Workers
Experience should be an asset, not a liability. Yet employees over 40 are too often pushed out, passed over, or pressured to retire simply because of their age. Winer, Burritt, Scott & Jacobs, LLP represents California employees who have faced age discrimination in hiring, promotions, layoffs, and terminations, and we hold employers accountable when age, rather than performance, drives the decision.
Age bias is rarely stated outright. It shows up in coded language, in who gets let go during a “restructuring,” and in who never gets called back after an interview. Our attorneys know how to uncover it. Call or message us for a free, confidential consultation, with no fees unless we recover compensation for you.
How California and Federal Law Compare
Two overlapping laws protect older workers in California, and knowing the difference matters because they set different thresholds for which employers can be sued:
| California FEHA | Federal ADEA | |
|---|---|---|
| Who Is Protected | Employees and applicants age 40 and older | Employees and applicants age 40 and older |
| Covered Employers | Employers with 5 or more employees | Employers with 20 or more employees |
| Where to File First | California Civil Rights Department (CRD) | Equal Employment Opportunity Commission (EEOC) |
| Damages Cap | No cap on compensatory or punitive damages | Liquidated damages available for willful violations; no punitive damages |
Because California’s law reaches smaller employers and does not cap damages, most age discrimination lawsuits in this state are built primarily on FEHA, often alongside a federal claim.
Signs of Age Discrimination at Work
Age bias often hides behind polite language. Watch for:
- Comments about retirement plans, “energy,” “culture fit,” or being a “digital native”
- Being called “overqualified” for a role you are otherwise suited for
- A pattern of layoffs, demotions, or terminations that skew toward older employees
- Being passed over for training, promotions, or new projects given to younger coworkers
- Sudden negative performance reviews after years of positive ones, arriving close to a milestone birthday or retirement-eligibility date
- Job postings or recruiter language suggesting a preference for “recent graduates” or “digital natives”
None of these, on their own, proves discrimination. Together, and compared with how younger coworkers were treated, they can build a strong case.
How Long Do You Have to File an Age Discrimination Claim in California?
Age discrimination claims generally follow the same deadlines as other FEHA discrimination claims. A complaint with the California Civil Rights Department generally must be filed within three years of the discriminatory act, and once the CRD issues a right-to-sue notice, you generally have one year to file a lawsuit in court. A parallel charge with the EEOC under the federal ADEA carries its own, separate filing deadline. Because pursuing both state and federal claims can preserve more options, and because the clock can start running before your last day of work, it is best to speak with an attorney as soon as you suspect age played a role in how you were treated.
What You Can Recover in an Age Discrimination Case
- Back Pay: Wages, bonuses, and benefits lost because of the discriminatory decision.
- Front Pay: Future lost earnings when returning to your position, or finding comparable work, is not realistic.
- Emotional Distress: Compensation for the humiliation, anxiety, and stress caused by age-based mistreatment.
- Punitive Damages: Additional damages against employers who act with malice, fraud, or oppression, which are not capped under FEHA.
- Attorney’s Fees and Costs: Employees who succeed in a FEHA age discrimination case can generally recover their attorney’s fees and litigation costs.
Age Discrimination Case Result
Our attorneys have recovered compensation for California employees pushed out of their jobs because of their age, including a $500,000 settlement for a male employee who was discriminated against and wrongfully terminated because of his age. You can read more about this and other results on our wrongful termination page and our full case results. Every case is different, and past results do not guarantee a similar outcome.
Our attorneys represent older workers across the state, including employees who need attorneys in these locations:
Why Employees Choose Winer, Burritt, Scott & Jacobs, LLP
| What We Offer | What That Means for You |
|---|---|
| Investigation-Driven Cases | We dig into hiring records, performance reviews, layoff selection criteria, and internal communications to uncover the evidence that reveals age bias. |
| Experience Against Large Employers | We take on corporations, government agencies, and their insurance defense firms, and we are prepared to litigate when a fair settlement is not offered. |
| No Upfront Cost | We handle age discrimination cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation. |
| Statewide Presence | With offices from the Bay Area to Southern California, we represent employees across the state. |
Our attorneys understand how disorienting it can feel to be pushed aside after years of solid work. We listen carefully, explain your options plainly, and handle the legal fight so you can focus on what comes next.
California Age Discrimination Attorneys Near You
What to Do If You Suspect Age Discrimination
- Write Down What Happened: Record dates, comments, and the names of anyone involved while the details are fresh.
- Compare Treatment: Note how younger coworkers in similar roles were treated for the same conduct, performance level, or layoff criteria.
- Preserve Records: Save performance reviews, emails, offer letters, and any documents related to a layoff or termination.
- Report Internally, If Safe: Reporting through HR can create a record, though it is not required before contacting an attorney.
- Consult an Attorney: Speak with a California age discrimination lawyer before signing a severance agreement or release of claims.
Frequently Asked Questions About California Age Discrimination Claims
Am I protected from age discrimination if I'm under 40?
Generally, no. Both the federal Age Discrimination in Employment Act (ADEA) and California's FEHA protect workers who are 40 or older. Employees under 40 who believe they were treated unfairly because they were seen as "too young" generally cannot bring an age discrimination claim under these laws, though other legal protections may apply depending on the situation.
My employer said I was laid off for "cultural fit" or being a poor fit for the team's "energy." Could that be age discrimination?
It can be. Phrases like "culture fit," "energy," "not a digital native," or "overqualified" are sometimes used as a stand-in for age bias. On their own, these comments are not proof of discrimination, but combined with other evidence, such as your age relative to who was kept on or hired, they can support a claim.
Can my employer legally prefer to hire younger workers to save on salary costs?
No. Even if a company frames a decision as a cost-saving measure, replacing older, higher-paid employees with younger, lower-paid ones because of age is illegal under California and federal law. An employer can make legitimate business decisions about compensation, but age itself cannot be the reason.
Is it age discrimination if I was pressured to retire?
It can be. Employers cannot force or pressure an employee to retire because of age. Repeated comments about retirement plans, sudden changes to job duties before a milestone birthday, or being excluded from projects can be evidence that a "voluntary" retirement was not truly voluntary.
What if my whole department, of mixed ages, was laid off?
A company-wide layoff is not automatically discriminatory. The relevant question is whether age played a role in who was selected within that layoff, such as whether older employees were disproportionately let go compared to their share of the workforce. Reviewing the ages of everyone affected, and everyone retained, is often the first step in evaluating a claim.
Do I have to be fired to have an age discrimination case?
No. Age discrimination claims can be based on hiring decisions, failure to promote, demotion, reduced hours, exclusion from training, or a hostile work environment built around age-related comments, not only termination.
Speak With a California Age Discrimination Lawyer Today
You built your career; you should not have to defend it because of a number. At Winer, Burritt, Scott & Jacobs, LLP, our California age discrimination attorneys will review what happened, explain your legal options, and fight to hold employers accountable. Call us or complete our confidential online form to schedule your free consultation. We represent employees throughout California.
