Age Discrimination

Unlawful Early Retirement Offers

Early retirement offers, often called golden handshakes, can sometimes cross legal boundaries. When these offers are made solely based on an employee’s age—specifically targeting those over 40 without any legitimate business reason—this can constitute a breach of both federal and state age discrimination laws.

Unlawful Employee Replacement

Employers may regularly update their workforce by replacing employees, but if a worker over the age of 40 can demonstrate that their replacement was specifically intended to hire or promote a younger individual, they may have grounds for an age discrimination claim under state and federal law.

Unlawful Wage Determinations

Age discrimination can manifest in various aspects of employment, including wage and salary decisions. If an employer makes unfair wage determinations based on an employee’s age—such as replacing an older, higher-paid worker with a younger, lower-paid worker due to seniority—this may violate age discrimination laws.

Disparities in Job Benefits

Under federal law, including the Older Workers Benefit Protection Act (OWBPA), employers are required to offer equal benefits to older and younger employees. Employers are prohibited from reducing benefits for older workers or providing less coverage than they do for younger employees, as these actions are illegal under federal law.

California Age Discrimination Mediator

Legal Protections Against Age Discrimination in California

California workers aged 40 and above are protected by both federal and state laws against age discrimination in the workplace:

• The Age Discrimination in Employment Act (ADEA): This federal law, enforced by the Equal Employment Opportunity Commission (EEOC), applies to companies with 15 or more employees. It prohibits age discrimination in hiring, promotion, discharge, compensation, and other employment terms for workers over the age of 40.
• The Fair Employment and Housing Act (FEHA): California’s FEHA extends protection against age discrimination to workers aged 40 and older. Unlike the ADEA, FEHA covers employers with five or more employees and extends its protections to unions, labor organizations, apprenticeship programs, employment agencies, and severance agreements.

Both the ADEA and FEHA prohibit retaliation against employees who file age discrimination complaints or participate in related legal proceedings.