California’s Fair Employment and Housing Act (FEHA) protects employees who are 40 and older from discrimination in hiring, firing, promotion, layoffs, pay, and other terms or conditions of employment. The federal Age Discrimination in Employment Act (ADEA) provides parallel protection, but FEHA is often broader and more favorable to employees.
Age discrimination is rarely announced — it shows up in code words and patterns. “Overqualified.” “Not a culture fit.” “We need fresh energy.” “Not tech-savy.” Disproportionate targeting of older workers in reductions in force. Younger replacements doing the same job for less money. Push-out campaigns disguised as performance management.
Available remedies include lost wages and benefits, emotional distress damages, attorneys’ fees, and — under FEHA — punitive damages where the employer acted with malice, fraud, or oppression. Under the ADEA, willful violations can support liquidated damages.
If you think you have been discriminated against because of your age, contact us immediately.