Age discrimination in the workplace often manifests through subtle signs such as reduced communication, exclusion from opportunities, and comments about needing younger energy, rather than explicit age-based remarks; under California's Fair Employment and Housing Act, employers with five or more employees are prohibited from making employment decisions based on age for workers 40 and older, and this includes hiring, promotions, layoffs, job assignments, training access, and compensation, with demotions, exclusions, harassment, and hostile treatment all qualifying as discrimination, and retaliation for reporting such discrimination is also illegal.
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Age discrimination workplace is not always obvious and that is exactly what makes it so difficult for employees to recognize. Under California's Fair Employment and Housing Act, employers with five or more employees are prohibited from making employment decisions based on age for workers that are 40 years old or over. That covers hiring, promotions, layoffs, job assignments, access to training and compensation. The federal Age Discrimination in Employment Act provides parallel protections for companies with 20 or more employees. The warning signs are often subtle at first.
An employee can have strong performance reviews for years and suddenly the feedback shifts after a younger team is brought in. Sometimes an employee is passed over for projects in favor of less experienced colleagues or manager makes an offhand comment about needing fresh or younger energy on the team.
Pressure to consider early retirement that never came up before is another example. An employee does not have to be fired to have a valid claim. Demotions, exclusions from opportunities, harassment, and hostile treatment age all qualify under California law.
Retaliation for reporting age discrimination is also illegal and carries its own independent legal consequences. If you're experiencing age discrimination or retaliation at work, call us for a free consultation. We'll help you understand your rights and take action to protect your career.
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