Age Discrimination

Age discrimination is illegal and applies to job applicants, candidates, and employees. 

The law applies to people 40 years old or older. The laws that apply are the Age Discrimination in Employment Act (ADEA), which is a federal law that applies to organizations with 15 or more employees, and the California Fair Employment and Housing Act (FEHA), and covers organizations with 5 or more employees.

In an age discrimination case, the employer, which includes supervisors, must have taken some adverse action that resulted in less beneficial treatment as the result of age.

Examples Include:

• Not hiring a candidate because they appear to be (or are) 40 or over
• Not promoting someone because they are 40 or over
• Firing or laying off someone because they are 40 or older
• Giving more discipline to someone 40 or over while giving a younger person less for the same or similar infraction (or for no real infraction at all). 

The same rule applies to

• Force someone into retirement based on age
• Paying different wages based on age
• Creating employee turnover to reduce costs by finding ways to replace workers due to age
• and Providing different benefits to employees based on age.

The ADEA is supplemented by the Older Workers Benefit Protection Act (OWBPA), which has additional rules, particularly around layoffs and benefits related to age.

Age discrimination may also show up as a “glass ceiling” where people of a certain age are not promoted beyond their current role, even if they are objectively qualified for the role.

There may be perfectly legitimate reasons for actions taken by an employer against someone who is 40 or older. In that case, there may not be age discrimination. But until you discuss the specific facts of your situation with an employment attorney, you won’t know. 

Feel that you may have an age discrimination case?

Contact Michael Trust Law, APC today to discuss your situation.