If you suspect age discrimination in the workplace, you may be able to secure relief under state or federal law. Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. If you suspect age discrimination, file a claim with the Equal Employment Opportunity Commission or under your state discrimination laws.

Who Is Protected From Age Discrimination In California?

California law prohibits employers from using an employee’s age – so long as the employee is 40 years of age or older – as a basis for employment decisions. Examples of age discrimination include:

• Subtle or overtly ageist comments;
• Limiting a job search to employees of a certain age;
• Replacing older workers with younger workers;
• Not promoting or training older workers; and
• Choosing older workers to be in included in a layoff.

What If You Are Over 40 Years Of Age And Your Employer Offers You A Severance Agreement?


California law requires that before an employee 40 years of age or older signs a severance agreement, the employee has the right to consult an attorney and has at least 21 days to consider the agreement before signing it. The employee also has 7 days after signing a severance agreement to revoke it.

What are the Legal Requirements for Claiming Age Discrimination?

Before you pursue legal action against your former employer, you must file a claim with the Equal Employment Opportunity Commission. In California, you must file your claim within 30 days of the discriminatory act. Otherwise, if you do not, you will lose your options for legal action. After the EEOC investigates your claim, it will then notify you as to whether you can pursue a lawsuit against the discriminatory company. In most cases, notification is given through a “Right to Sue” document.

What Are You Entitled To Recover In An Age Discrimination Case?

• All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct
• Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation and emotional distress
• Punitive damages to deter your employer from engaging in similar conduct in the future

Filing An Age Discrimination Lawsuit

An experienced California age discrimination attorney can raise an inference of discrimination by providing proof of the above situations, and also with statistical evidence, direct evidence and comparative evidence. Discrimination cases typically turn on specific facts. If you believe you have been the victim of age discrimination, you must consult with a California age discrimination attorney shortly after the discriminatory action or harassment has taken place so that you can recover damages.

Contact the Tous Law Firm 714-766-0264, today if you have been the victim of age discrimination or harassment.