top of page

Age Discrimination

What Is Age Discrimination?


While you can never be discriminated against for being too young, the law does prevent employers from discriminating against anyone 40 years old and older.  The California Fair Employment and Housing Act prohibit employers from discriminating against any employee because an employee is over 40 years of age.


An inference of discrimination is typically raised by showing that the employee:

  • Belongs to a protected class (over 40 years of age)

  • Has been subjected to adverse employment action such as a demotion, termination or suspension

  • Can prove that other employees outside the protected class were treated more favorably or differently in a similar situation


Examples of Age Discrimination


If you are 40 years of age or older and have been harmed by demotion or have been harassed or terminated because of your age, you may have suffered unlawful age discrimination. Under the Federal Age Discrimination Act and California Fair Employment Housing Act, individuals have the right to sue an employer for unlawful age discrimination and recover damages including lost wages, benefits and emotional injuries and attorney’s fees.

Examples of age discrimination in the workplace include:

  • Not getting hired because the employer wanted a younger-looking person or younger person to fulfill job duties

  • Being fired because the employer wanted to keep younger workers

  • Being turned down for a promotion because the company wanted to hire someone younger from outside the company

  • Employers insulting you about your age or making age-related jokes or remarks about your age

  • Company layoffs where only older individuals were let go

  • Receiving a negative job evaluation because you were unable to take on new projects or were deemed inflexible to learn new skills and take on other responsibilities


Employees may be entitled to back wages and compensation, attorney’s fees, punitive damages and reinstatement. However, employees must act fast before the statute of limitations precludes their claims.


If you believe this has happened to you, or if your business is facing such claims, contact Shalchi Burch today.

bottom of page