California Age Discrimination Lawyer

There Is No Place for Ageism in California Businesses

Ageism remains an unfortunate and insidious type of discrimination in the workplace. While sometimes less obvious than more blatant forms of employment discrimination, many stereotypes persist and fuel negative assumptions about older workers.

No one should endure the frustrating or embarrassing consequences of ageism at work. If you have noticed a pattern of discrimination or believe your recent dismissal resulted from ageism, contact our age discrimination lawyer at Polaris Law Group. Attorney Bill Marder has advocated for employee rights for over 25 years and is ready to assist you with your age discrimination case.

California’s large and diverse workforce means age discrimination can affect workers in nearly every industry, from technology and finance to education and public service. Because of the state’s broad anti-discrimination laws, employers in California must promote fair treatment and inclusivity across all legally protected age groups. Yet, many employees continue to face subtle but damaging consequences when age bias shapes hiring, promotion, and daily workplace interactions.

Contact our firm today by calling (888) 796-4010. Our California age discrimination attorneys are ready to take on your case and fight for your rights!

What Is Age Discrimination in California?

California has strict employment laws that protect workers from age discrimination. However, these laws only apply to workers who are 40 years of age or older, as outlined in the California Fair Employment and Housing Act (FEHA). The law prohibits workplace discrimination against individuals 40 and older to ensure that age-based biases do not influence hiring, firing, or promotion decisions.

Although younger employees might also experience negative treatment rooted in assumptions about their age or experience, the law does not protect workers under 40 years of age.

Employers across the state must comply not only with FEHA but also with the federal Age Discrimination in Employment Act (ADEA), which sets similar protections for employees age 40 and above. Both laws ban bias in hiring, job assignments, pay, benefits, layoffs, training, and promotions. In California, the Department of Fair Employment and Housing, now called the Civil Rights Department (CRD), investigates and enforces age discrimination complaints. If you believe an employer violated your rights, you have specific time frames—often as short as one year—to act under these laws. Taking swift action can help protect important evidence and preserve your claim.

How to Determine if You Are Facing Age Discrimination

Discrimination can take many forms. In some cases, employees face termination because of their age. Employees may also be victims of discrimination if they experience any of the following:

• Failure to promote
• Demotion
• Reduction in salary
• Lay-offs
• Denied equal pay
• Denied reinstatement
• Forced to transfer
• Denied medical leave

If you have experienced any of the actions listed above and your employer has made comments or remarks about your age, you may have an age discrimination claim. To file a claim, you have to prove that you suffered discrimination because of your age. Building a strong claim can be challenging. That is why it is important to have an experienced California age discrimination attorney on your side.

In some instances, an employer may offer reasons for their actions that appear lawful but actually hide age bias. You may notice changes in your job duties, new policies that mainly impact older workers, or more scrutiny compared to younger colleagues. Carefully documenting patterns, remarks, and changes to your employment can strengthen your position if you move forward with a claim. California employees have strong workplace protection laws, giving those targeted by age discrimination paths to assert their rights when faced with unfair treatment.

The Legal Process for Age Discrimination Claims in California

If you suspect you have experienced age discrimination at work, knowing the legal process helps you make informed choices. In California, employees must first file a complaint with the state’s Civil Rights Department (formerly DFEH) before pursuing a lawsuit. This agency reviews the claim, investigates the complaint, and may try to resolve the dispute through mediation. If there is no resolution or if the employee requests a “right to sue” notice, you gain the ability to pursue legal action in state court.

Timelines play a crucial role. Most claims must be filed with the Civil Rights Department within one year of the alleged discriminatory act. Acting quickly preserves your rights and allows you or your attorney to gather the strongest evidence for your case. The state process is designed to hold employers accountable for discriminatory conduct, whether it occurs in hiring, promotion, layoffs, or daily employment practices.

Once a claim moves forward, both sides exchange information and the court reviews facts such as employer policies, remarks, and workforce patterns. Each case involves unique facts, but California law offers strong protections for employees facing discrimination due to age. If you think you may have a claim, an attorney with in-depth knowledge of state and federal employment laws can help clarify your legal options and guide you through the process.

Remedies & Outcomes Under California Age Discrimination Law

Employees who prove age discrimination in California may access several remedies designed to make them whole. State and federal laws allow for compensation including lost wages, reinstatement to previous positions, promotion, and recovery of lost benefits. In some situations, courts also award damages for emotional distress or harm to reputation.

California law aims to put the affected employee in the position they would have been in without the discrimination. Courts may also require employers to cover out-of-pocket expenses and legal fees for the employee. Policies that create a hostile work environment or systematically limit opportunities for older employees may lead to broader changes to company practices. These remedies help prevent future violations and encourage workplaces based on respect and equal opportunity.

Each outcome depends on the facts and evidence provided. While the law strengthens possibilities for justice, the specific resolutions vary in every case. If you have questions about what remedy may be available in your situation, consult an age discrimination attorney in California to discuss your options.

Key Deadlines & Notice Requirements in California

Meeting all deadlines and notice requirements under California law is critical for employees pursuing an age discrimination claim. The Civil Rights Department (CRD) requires complaints for workplace discrimination, including age-based claims, be filed within one year of the last alleged discriminatory act. Failing to file on time can mean losing the ability to pursue compensation.

After initiating a complaint, you may receive an invitation to mediate or have your claim investigated through the CRD before requesting a right-to-sue letter. This document is essential to continue to court. The legal process moves more swiftly in California than in many states, thanks to the state’s emphasis on employee protection and expeditious case progression. Understanding every step can help protect your right to seek justice, whether your situation involves wrongful termination, denied promotion, or ongoing age-based remarks.

If you are unclear about dates or necessary steps, acting promptly and seeking legal guidance ensures essential deadlines are not missed. The state’s process is crafted to protect employees and deliver fair resolutions efficiently.

How Can Polaris Law Group Help With Age Discrimination Claims?

At Polaris Law Group, clients work directly with Attorney Bill Marder, a seasoned practitioner known for swift action and clear guidance. Unlike firms that require several in-person meetings and prolonged preparation, Polaris Law Group streamlines the lawsuit filing process—often moving forward soon after your initial consultation for age discrimination cases.

Clients choose Polaris Law Group for our deep familiarity with both California and federal employment law, our client-focused service, and our efficient process. We value timely action and consistent communication when dealing with workplace discrimination. By focusing exclusively on employment law and accepting cases that other firms may not handle, Polaris Law Group delivers guidance and strategies tailored to each client’s needs.

When you engage our team, you gain a legal advocate who reviews the facts, helps you gather documentation, and explains your options in plain language. That level of service, combined with more than 25 years advocating for employee rights, sets Polaris Law Group apart for individuals seeking relief and resolution for age discrimination in California.

What Steps Can I Take If I Suspect Age Discrimination at Work?

If you suspect age discrimination, begin tracking details right away. Keep records of comments, decisions, performance reviews, policy changes, and any differences between you and younger coworkers. Speak to an employment attorney knowledgeable about age discrimination claims in California, and promptly file a complaint with the CRD if you decide to move forward. Timely, thorough documentation improves your position and preserves your rights under California law.

How Can I Recognize Ageism in the Workplace?

If you are an older professional who suspects you are denied the same opportunities and consideration as younger employees, recognize when and how ageism occurs in your workplace. Below, we cover some signs of ageism—both subtle and obvious—as well as how you can respond to harmful behaviors.

Not every instance of workplace conflict results from ageism, but patterns that frequently affect older employees—such as being passed over for advancement, consistently excluded from projects, or denied participation in new training—often point to larger problems. In California, employers rarely admit to age bias directly. Instead, forms of ageism can surface through daily decisions, changes in schedules, or implementation of new standards that disproportionately impact employees over 40. If you notice these trends over time, your documentation may help provide evidence in an age discrimination case.

Uncomfortable Remarks Regarding Your Age

This form of ageism is common in “loose” or “casual” office environments. If you are older, colleagues or your boss may make comments about your ability to use technology, complete tasks efficiently, or remember things accurately. They might also joke about retirement or, even worse, your supposed impending death. None of these comments are acceptable, even in jest, and all are forms of ageism.

Isolation from Other Employees

If you work on a team, you should not be deliberately excluded from group meetings, assignments, or activities. If you notice you are not being invited to company events or team activities, or the rest of your (often younger) team meets without you, ageism may be present. Occasional omissions may be accidental, but repeated exclusion could signal age discrimination.

Being Omitted from Challenging or High-Profile Assignments

Age discrimination can cause employers to skip over older workers for important assignments. Excuses may include, “We want you to take it easy,” or “We need this done quickly.” The implication is that as an older employee, you lack the ability to handle significant tasks. Remember, your experience and institutional knowledge matter, and you should not be excluded from assignments you are qualified to complete.

Being Excluded from Continued Education Opportunities

Many larger companies provide continued education through conferences, course reimbursement, or internal tracks for career growth. All employees should have access to these opportunities. If details about these programs are shared only with younger staff, age discrimination may be occurring. Employers should not exclude older professionals from growth or education opportunities.

Denial of Raises or Promotions

Employers often have leeway to deny claims in this area, but age discrimination does happen. Sometimes, raises or promotions are reserved only for younger employees. Some companies may withhold advancement from older professionals to encourage them to leave or retire. On occasion, companies may withhold promotions or raises to push employees toward exit or retirement. Not being selected for advancement may relate to performance, but if your work mirrors your colleagues’ and you are still passed over, ageism may be involved.

Hiring Only Young Employees

If your company consistently hires only younger employees, age discrimination may be at play. Some believe older workers are costlier or less efficient, or will disrupt a “younger” office culture. These stereotypes contribute to a toxic environment and further discrimination and isolation for older professionals.

Being Pressured to Retire

Few industries require mandatory retirement ages. Generally, you are not required to retire due to age or salary. Employers sometimes target older employees with higher pay by offering attractive retirement packages. Offering a retirement package is legal, but employers cannot pressure or threaten you into accepting one.  If an employer tries to fire or dismiss you despite good performance after you decline a retirement package, the conduct could be age discrimination.

Being Fired and Replaced by a Younger Employee Under a Different Title

This situation is depressingly common. You may learn your position is being eliminated, despite strong performance, only to later see a younger worker take a new role with similar duties. If a new position held by a younger employee matches your “eliminated” job, you may be the victim of age discrimination.

Layoffs or Firings Exclusively or Predominantly Targeting Older Employees

Layoffs can happen for many reasons, but there is cause for concern if cuts focus largely or entirely on older employees. Employers seeking to cut payroll may target workers with long tenure, which often means older professionals. Sometimes, employers include younger employees in layoffs to avoid scrutiny. Documenting and proving age discrimination in these cases may require the help of an employment lawyer.

Can Young Workers Be Victims of Age Discrimination?

Historically, age discrimination has affected middle-aged and senior-aged workers most. Employers may assume younger people have more stamina or mental acuity, and some turn away older applicants solely due to age. However, more Millennials now struggle to find employment due to similar assumptions.

Unfortunately, current discrimination laws do not protect younger employees. Under California and federal employment laws, age discrimination protections only apply to workers aged 40 or older. If you are 39 or younger, an employer can legally turn you away because you are “too young.”

As California’s workforce becomes more diverse in both age and background, misunderstandings can impact younger and older candidates alike. While legal remedies do not cover younger workers in most age discrimination claims, building a workplace culture that values all employees for their skills and contributions benefits everyone. Advocacy groups continue to seek broader protections, but currently, your rights expand substantially after you turn 40 in California.

Do You Suspect You Are a Victim of Age Discrimination? We Can Help.

No one should experience the frustrating or embarrassing impact of ageism in the workplace. If you believe you are facing discrimination or your dismissal reflects age bias, contact Polaris Law Group. Attorney Bill Marder has fought for employee rights for more than 25 years and is ready to support you with your age discrimination case.

To speak with our experienced California age discrimination lawyers, call us at (888) 796-4010 or contact us online today. 

Frequently Asked Questions

What Is the Time Limit to File an Age Discrimination Complaint in California?

California requires employees to file a complaint with the Civil Rights Department (CRD) within one year of the last alleged act of discrimination. Missing this deadline can result in losing your legal rights to pursue a claim.

Can I Sue My Employer Directly for Age Discrimination?

Before suing your employer in court, you must first file a complaint with the CRD and either complete their process or receive a right-to-sue notice. This step is necessary under California law and helps document your claim.

What Evidence Can Support My Age Discrimination Claim?

Helpful evidence includes written records of discriminatory comments, company policies, performance reviews, changes in job duties, and comparisons to how younger employees were treated. Collecting emails, notes, or other records can help build a strong claim.