If your company has fired or demoted you due to your age, an age discrimination lawyer can help. Most forms of age discrimination are illegal under both California law and the federal Age Discrimination in Employment Act (ADEA).
Older people frequently contribute more experience, knowledge and competency to the workplace. But some employers use age discrimination practices against older job seekers and employees. Driven by mistaken ideas that older employees have greater medical expenses or may not remain in the company for the long term, they sometimes take discriminatory and illegal decisions that unfairly prejudice older workers.
At The Rubin Law Corporation, our Los Angeles discrimination attorneys know discrimination laws. We fight aggressively to preserve your rights under it. We can serve you in Los Angeles, San Diego, Sacramento, and the entire Southern California region.
What Is Age Discrimination?
Age discrimination is any action where an employer uses your physical age or years of experience against you. This can happen either while applying for a job, or while working in a job. In most cases this is illegal, although there are some limited exceptions, as we’ll outline in a moment.
Because it can be hard to prove directly, courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you with what happened to younger workers.
Often employers blame non-age-related factors such as corporate downsizing, reductions in the workforce or reorganization for the illegal actions. However, you may recognize age discrimination when your employer takes adverse employment action because of your age while similarly situated, but younger, employees were treated differently and more favorably. Some cases include:
- Wrongful termination
- Lack of promotion
- Negative performance reviews
- Demotion
- Suspension
The above outcomes are especially suspicious if your employer has recently made comments about your age.
If you and any co-workers who were similarly treated are all over 40 years old, then you may have reason to file a discrimination case. Contact The Rubin Law Corporation for a free legal consultation to see if you have a case.
What Counts as Age Discrimination?
In California, if you’re at least 40 years old and work in a place with at least 20 employees, the law protects you against workplace discrimination due to your age.
However, not everyone is eligible under ADEA or state anti-discrimination laws. Smaller employers may still discriminate against you. If you work in a “high policy-making position” and get a yearly pension of $44,000 or more, you’re also exempt from age discrimination law. In addition, if you work in a job that requires youth (for example, as a model or actor), ADEA and state law don’t apply. Some contracted workers, including tenured university professors, police officers, and fire-fighters, may have clauses in their contracts that allow age-based discrimination.
By the way: it doesn’t count if your company asks you to voluntarily retire. But if you do, you’ll probably have to sign a waiver promising you won’t sue for age discrimination. You don’t have to voluntarily retire. But if you do, your employee will probably offer you better benefits than if you waited until your normal retirement age.
Can a Business Refuse to Hire Me Because of My Age?
Most businesses can’t legally refuse to hire you because you’re older, except for the exceptions listed above. It’s not illegal for a prospective employer to ask you your age or date of birth during a job interview. It’s also not illegal for them to require you to reveal it on an application. Nor is it illegal for them to tell you you’re “overqualified” for a position, especially if you are. However, if you are qualified for the job, an employer can’t refuse to hire you specifically because they fear you’ll soon retire or leave for another job elsewhere.
IIf you suspect a prospective employer has refused to hire you due to your age, discuss the possibility with an age discrimination lawyer. You may have a case.
What Can I Do About Age Discrimination?
Federal and state laws protect workers from employment discrimination based on age. The California Fair Employment and Housing Act protects people over age 40 from discriminatory hiring practices and employment decisions made by employers based on age discrimination.
Our age discrimination lawyers in Los Angeles know the law, and we can help you understand how it applies to you. For example, we have represented an executive who was accused of performance problems to justify discharging her without a retirement package. Through our discrimination lawyers’ severance negotiations, she was able to obtain a generous retirement package and good references.
How Can I Prove Age Discrimination?
Your challenge with a discrimination suit is to prove that your age or years of experience were a factor in your termination or in being denied a job. This may not be possible unless you have documented statements, or witness testimony, where the employer directly said so. The same goes for statements that imply they fired you or refused to hire you due to your age. If they made discriminatory comments just prior to your job termination, make sure your age discrimination lawyer knows. That may help your case.
You’ll have a difficult case if only younger people suffered at the same time as you. It’s easier to prove if older coworkers also suffered, especially if all the employees who suffered were over 40. This is especially true if the business retained or hired less-experienced, younger workers. Our age discrimination lawyers can also look for a pattern of individual terminations or refusals to hire based on age at the business.
In a mass layoff, it’s possible the real motivation was to get rid of the highest-paid, most experienced employees. Those tend to be older people. The employer did it so they could pay new hires less money. However, the effect was the same: they discriminated against older workers.
How Employers Conceal Age Discrimination
Age discrimination in the workplace is rarely obvious. Employers rarely announce their intentions and instead rely on neutral-sounding justifications to mask discriminatory decisions. Common pretexts include claims of budget cuts, performance deficiencies, or organizational restructuring. When these explanations are applied selectively against older workers while younger, less experienced employees are retained or promoted, the pattern itself becomes powerful evidence.
Signs your employer may be concealing discrimination
Recognizing the signs of concealed age bias is one of the most important steps you can take to protect yourself. Some indicators to watch for include:
- Sudden performance issues: A previously strong employment record gives way to unexplained negative evaluations shortly before a termination or demotion.
- Reassignment of duties: Your responsibilities are gradually shifted to younger colleagues without a legitimate business reason.
- Exclusion from meetings or decisions: You are left out of planning discussions or communications that routinely include younger team members.
- Comments about “culture fit”: Supervisors or HR personnel suggest the company wants to move in a “new direction” or attract “fresh perspectives.”
- Disproportionate layoffs: Workforce reductions target employees over 40 at a significantly higher rate than those under 40.
If any of these situations apply to you, documenting them as thoroughly and promptly as possible will strengthen any future legal claim. Many employees who experience wrongful termination tied to age discrimination find that a detailed record of events is one of the most valuable assets in their case.
Filing a Complaint for Age Discrimination in California
Before pursuing a lawsuit, most employees in California must first file a complaint with the appropriate agency. Under state law, you would file with the California Civil Rights Department. For federal claims under the ADEA, complaints are filed with the U.S. Equal Employment Opportunity Commission. Both agencies investigate claims, and filing with one often satisfies the procedural requirements for both.
Strict deadlines apply to these filings. Under California law, you generally have three years from the date of the discriminatory act to file with the state agency. For federal ADEA claims, the deadline is 300 days. Missing these windows can permanently bar you from seeking relief, which is why speaking with an attorney as soon as possible after a discriminatory act is so important. Our team can walk you through the procedural requirements and ensure your rights are fully preserved from the start.
What Compensation Can You Recover?
Victims of workplace age discrimination may be entitled to significant financial recovery depending on the facts of their case. The law provides multiple categories of damages designed to make you whole and, in some cases, to hold employers accountable for particularly harmful conduct.
Types of Recoverable Damages
The compensation available in age discrimination cases can be substantial. Back pay accounts for wages and benefits lost as a direct result of the discriminatory action, while front pay addresses the future earnings you may have been denied. Emotional distress damages are also available for the mental anguish and harm to personal dignity that frequently accompany discriminatory treatment in the workplace. In cases where an employer’s conduct is found to be especially malicious or oppressive, punitive damages may also be awarded. Under both California and federal law, attorneys’ fees are recoverable, meaning the cost of pursuing your claim does not necessarily fall entirely on you. An employer’s decision to retaliate after a complaint is filed can also give rise to additional claims under California’s employer retaliation statutes.
The Role of the Age Discrimination in Employment Act
The federal Age Discrimination in Employment Act has protected workers 40 and older from age-based discrimination since its passage in 1967. It covers a wide range of employment decisions, including hiring, firing, promotion, pay, and job assignments, and applies to employers with 20 or more employees. California’s Fair Employment and Housing Act mirrors and, in several respects, exceeds those federal protections. Notably, California law applies to employers with five or more employees, extending coverage to workers at smaller companies who would fall outside the ADEA’s reach.
California courts have generally been more favorable to plaintiffs in their interpretation of discrimination protections, making it even more important to understand how state and federal law interact in your specific situation. Our attorneys are well-versed in both state and federal frameworks and can help you determine which avenue offers the strongest path to recovery.
Why Choose a Local Los Angeles Age Discrimination Attorney?
When facing age discrimination, the attorney you choose can make a meaningful difference in the outcome of your case. California employment law is among the most complex and employee-protective in the country, and navigating it effectively requires an attorney who practices in this jurisdiction every day. A local Los Angeles attorney understands the tendencies of local courts, the tactics commonly used by employers and their defense teams in Southern California, and the specific procedural requirements governing claims filed in this region.
At The Rubin Law Corporation, we serve clients throughout Los Angeles, Beverly Hills, San Diego, and the surrounding Southern California region from our office at 12100 Wilshire Boulevard. We regularly take legal action on behalf of employees against major publicly traded corporations, major financial institutions, and large healthcare and retail employers. Whether you are still employed and need guidance on how to handle a developing situation or you have already been terminated and are ready to pursue a claim, our team is prepared to fight aggressively for the outcome you deserve.
Contact a Los Angeles Age Discrimination Lawyer Today
At The Rubin Law Corporation, our experienced Los Angeles employment lawyers are knowledgeable about employment age discrimination and retirement law. We can help you recover:
- Past and future lost wages and benefits,
- Compensation for emotional distress,
- Attorney fees, and even
- Punitive damages.
If you are the victim of workplace age discrimination, we urge you to call us today at 310-385-0777 to speak to our team of experienced discrimination attorneys about your rights.
