Age Discrimination in California: The Quiet Bias Facing Older Workers

In the modern workplace, experience should be an asset—not a liability. Yet for many workers over 40, advancing their careers or even staying employed often comes with a hidden cost: their age. While it rarely appears in writing or job descriptions, age discrimination in California remains a pervasive issue affecting hiring, promotions, layoffs, and daily workplace culture.

Protected by both state and federal law, older workers in California have legal recourse when age becomes a factor in adverse employment decisions. But proving it—and fighting back—often requires knowing the signs, understanding your rights, and acting quickly.

What Is Age Discrimination?

Age discrimination occurs when an employee aged 40 or older is treated unfavorably in any aspect of employment because of their age. This includes:

• Being passed over for promotions in favor of younger, less experienced employees

• Layoffs that disproportionately affect older staff

• Age-based comments or jokes that create a hostile environment

• Refusal to hire qualified older candidates

• Being pushed out through performance scrutiny or marginalization

Under California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA), such actions are unlawful.

California vs. Federal Law: Stronger Local Protections

While the ADEA sets a national baseline for protecting workers over 40, California law goes further:

• FEHA covers employers with five or more employees (compared to 20 under ADEA)

• California courts interpret discrimination protections more broadly, allowing for claims based on subtler forms of bias

• Remedies under FEHA may include emotional distress damages and punitive damages, which are not available under the ADEA

This makes California one of the most favorable jurisdictions in the U.S. for older workers seeking legal remedies.

Common Forms of Age Discrimination

Age bias is rarely written into a company’s policies. Instead, it often manifests in coded language or managerial behavior. Some common red flags include:

• References to needing “fresh energy” or a “digital native”

• Job postings using phrases like “recent graduate” or “fast-paced millennial culture”

• Being excluded from training or high-visibility projects

• A noticeable shift in treatment after turning 50 or announcing retirement plans

• Sudden performance concerns despite years of positive reviews

In many cases, age discrimination isn’t just about one decision—it’s a pattern of conduct that signals an employer no longer sees value in your experience.

How to Respond to Age Discrimination

If you believe you’re experiencing age discrimination in California, timing and documentation are critical:

1. Gather Evidence – Keep emails, performance reviews, comments from supervisors, and records of how younger employees are treated in similar situations.

2. Report Internally – File a written complaint with HR to create a paper trail.

3. File a Complaint with the CRD or EEOC – You can file a discrimination complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). In California, the deadline is typically three years from the last discriminatory act.

4. Seek Legal Counsel – Age discrimination cases often rely on patterns and comparative data. A qualified attorney can help build a compelling case.

What You Can Recover

Successful age discrimination claims may lead to:

• Reinstatement or job offers

• Back pay and benefits

• Emotional distress damages

• Punitive damages (under California law)

• Attorney’s fees and legal costs

In cases where a layoff was used to disguise discriminatory motives, courts may also impose penalties or order company-wide changes to hiring and retention practices.

The Subtle Toll of Workplace Ageism

Age discrimination isn’t always dramatic. Sometimes, it’s the slow erosion of inclusion: not being invited to planning meetings, being passed over for leadership roles, or having your ideas ignored until a younger colleague repeats them. These microaggressions, compounded over time, can push valuable employees out long before they’re ready to go.

Employers who allow such bias—whether by negligence or intent—risk not only legal liability but also the loss of institutional knowledge, mentorship, and stability.

Final Word

Age discrimination in California is illegal, but it’s also deeply ingrained in workplace culture. It’s not enough to say “we value experience” if actions show otherwise. For employees over 40, knowing your rights is the first step. For employers, compliance isn’t just about avoiding lawsuits—it’s about respecting the full range of human potential.

If your age has become a barrier to opportunity, California law gives you the tools to challenge that. Experience should be rewarded, not punished.