In California, employees over age 40 are protected from age-related discrimination / harassment by the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA).
Age discrimination (and discrimination in general) can take on many different forms—for example, demotions, unequal discipline, failure to promote/hire, lowered compensation, and of course, termination. Employment policies that apply to everyone can also be illegal if it has a greater negative impact on applicants or employees age 40 or older.
Age Discrimination in Employment Act (ADEA):
The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment.
Fair Employment and Housing Act (FEHA):
The Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. You may file a private lawsuit under the Fair Employment & Housing Act.
If you have any questions or if you believe your rights have been violated, don’t hesitate to contact us for a free consultation.