Overview of California Age Discrimination Laws
California has several age discrimination laws. The FEHA is the most crucial for employees because unlike federal law, it protects even workers under 40 years of age from age discrimination. In California, the Department of Fair Employment and Housing (DFEH) is the state agency that investigates and brings FEHA discrimination claims. It regulates all private and public employers, labor organizations, and employment agencies in the state. Like the EEOC, employer-covered entities must inform job applicants and employees of the DFEH and EEOC’s poster and complaint procedures. Employees must file a DFEH charge against their employer within one year from the alleged unlawful discharge date.
When it comes to age discrimination , California law is more generous than federal law, valueless unless the employee is 40 or older. For example, FEHA prohibits discharge, demotion, harassment, etc. since it protects people who are 40 years old or older. Because California law doesn’t require the same minimum age discrimination for a person to be protected, the DFEH can regulate more. California law makes it so that employees are covered under both the FEHA and California’s Age Discrimination in Employment Act. In practice, the potential overlap of both laws can extend the statute of limitations period for victims of discriminatory behavior at work.
Key Protections Afforded Under California Law
California law provides protection against discrimination based upon age when an individual is subject to adverse employment action because of his or her age. The employee must be 40 years old or older to qualify for legal protection under FEHA. Under the California law, an employee is protected when he or she was treated differently due to age, such as a decision not to hire, promotion denial, firing, or layoff. Any recruitment policies are evaluated to determine if they may create a barrier for older applicants. For example, if a certain software has to be learned by all employees to work for an employer and the employer will not provide the training, but fully expects applicants to already know how to use the software, older applicants may be adversely affected because they are not as familiar with the new software as younger applicants. Certain medical examinations that disproportionately affect older employees are prohibited, including pre-employment physical exams and inquiries into health conditions. Adverse employment actions can include hiring decisions, discipline, or disability leave.
Common Indicators of Age Bias
Beyond overt hostility towards your age group or seniority, there are some other signs to look out for. Some examples include the following:
- You are routinely excluded from important project meetings due to the perception that you do not "get it" (even though you have proven yourself in countless ways);
- You are called "grandpa/grandma" in meetings, or made fun of due to your age in front of fellow employees even if you do not take offense;
- You are left out of outings with coworkers – such as trips, dinners, events – due to assumptions that you are somehow beyond those things at your age;
- Your supervisor no longer entrusts you to manage important clients, harbors less confidence in your ability to meet deadlines, assigns you lower-profile projects, etc.;
- Your performance evaluations have taken a drastic turn for the worse for no apparent reason (especially if this is after management initially told you that you were doing everything right);
- You realize that despite your years of dedication and hard work at the company, your bosses tend to show greater enthusiasm for working with people much younger than you – in fact, they act more reluctant to hire you, assign you with important tasks, replace you with younger talent, etc.;
- Your office has only recently begun making healthy changes such as "standing desks" or gym subsidies – even though you never had any complaints prior;
- You are forced to train your replacement – due to what management claims is a higher salary, or an "excused" termination for business reasons (in truth, though, you know that it was due to your increasing age).
As you can see from these examples, the impact of age discrimination can be both overt and subtle. Therefore, it is critical for employees to stay aware of the way coworkers, supervisors, and managers treat them – and to keep a close eye on any recent changes to their treatment.
How to File a Complaint of Age Discrimination in California
An initial step in the DFEH complaint process is filing the complaint with the Department of Fair Employment and Housing (DFEH). When filing a complaint, it is important to file a complaint with the proper agency. The DFEH handles complaints of employment discrimination by state or local government employers, employment agencies and private employers with five or more employees.
Your complaint must be made within one year of the alleged violation, or within one year of when you discover the violation. Complaints submitted after this period may not be accepted . You can file a complaint by visiting the DFEH website or requesting a complaint form through the mail or telephone.
Your complaint must include all of the following:
The DFEH may follow up with you regarding your complaint. They may request additional information or ask you to complete a questionnaire. While you are not obligated to provide this information, it could be beneficial to you if it means quicker action on your complaint.
Once the DFEH accepts your complaint, they will issue a Dismissal and Notice of Right to Sue to you if they decide not to proceed with any legal action. In this case, you may pursue legal action against the employer in court.
Legal Remedies and Compensation
Legal remedies and compensation refer to the potential legal relief a victim of age discrimination in California may receive if they pursue legal action against an employer. A legal remedy is a judicial means of enforcing a right or correcting a wrong. Legal remedies for age discrimination include both monetary compensation and other forms of relief, such as equitable relief.
If an employer has discriminated against an employee or applicant based on their age, the law allows the victim to seek legal remedies in order to obtain compensation and other forms of relief. In California, an employee may pursue any or all of the following remedies if they prevail in an age discrimination lawsuit:
Seek advice from an experienced employment law attorney to determine the legal remedies that may be available to you, and which will most effectively meet your specific needs. A knowledgeable lawyer will be able to advise you on the issues and processes involved in your situation, as well as help you navigate the business and legal aspects of your case.
There are many possible outcomes to an age discrimination lawsuit, which can affect how much compensation the plaintiff receives. For example, if an employee was wrongfully terminated based on their age, they may be able to get their job back through "front pay," or get a transfer or job reinstatement. If the plaintiff can show that they were harmed financially (i.e., lost wages, emotional distress caused by harassment, etc.), then the employer may be ordered to pay compensatory damages.
Under California’s Fair Employment and Housing Act, an employee may also obtain punitive damages for age discrimination. Punitive damages are awarded separately from compensatory damages, and are meant to punish the defendant and deter similar misconduct in the future. If a defendant does not comply with the court’s judgment for damages, the victim can also seek additional damages for back interest.
Once an employee files an age discrimination claim with the Department of Fair Employment and Housing (DFEH), they only have one year from the date of filing to pursue the matter in court. If the DFEH found an allegation of age discrimination to be true, the agency will issue a right-to-sue notice that will allow the employee to pursue a civil lawsuit in court.
The California DFEH enforces the state’s laws prohibiting employment discrimination, so a right-to-sue notice is the last step in the process of filing a formal complaint with the DFEH. The DFEH will not issue the right-to-sue notice if it has determined that the evidence in the case is ambiguous. The DFEH will issue this notice if, after an independent investigation, the investigative findings do not support the allegations and the agency does not initiate a civil action.
Ways to Prevent Age Discrimination in the Workplace
As a vital component of the workplace, age should not be a barrier to individuals seeking employment, regardless of a candidate’s age. Yet, age discrimination remains a significant issue in California workplaces. In addition to legal compliance, promoting a diverse and inclusive environment is essential for fostering innovation, collaboration, and overall organizational success. Furthermore, the financial impact of hiring and training employees only to let them go for illegal reasons, in this case, age, can be significant. To combat age discrimination effectively, companies must implement strategies and best practices that promote a culture of respect and inclusivity.
One effective approach to create an inclusive workplace and prevent age discrimination is through comprehensive and ongoing training. Well-informed managers, human resources professionals, and employees can identify and address unconscious biases, ensuring that policies are not only articulated but also practiced consistently. Providing training sessions that cover relevant laws, identify age discrimination behaviors, and include actionable steps to foster inclusivity can be invaluable. Additionally, a reporting mechanism for suspected discrimination must be in place, protecting employees who seek to voice their concerns. Furthermore, managers and HR should model appropriate behaviors, demonstrating good examples of how to treat older employees with the same consideration as their younger counterparts.
Hiring practices also play a critical role in preventing workplace discrimination. Rather than overly broad or unclear job descriptions , organizations should focus on the specific skills and experiences required for a role. Using age-neutral language that emphasizes qualifications rather than age can help prevent bias in recruitment. Screening candidates based on their ability to perform the job, rather than their age, is crucial in combating unconscious age bias.
Providing opportunities and benefits that appeal to employees of all ages can also promote a more inclusive workplace. Companies should consider offering flexible work arrangements, such as job sharing or phased retirement plans, which allow employees to remain engaged while gradually transitioning out of the workforce. They should also offer professional development and training programs that cater to the learning preferences of employees of all ages. Additionally, creating an inclusive workplace culture that reflects the diversity of the community can help avoid perceptions of favoritism or exclusion, which can lead to frustration and low morale.
Feedback from employees is instrumental in maintaining an environment of respect and inclusivity, as well as preventing age discrimination. Companies should establish regular opportunities for employees to express their concerns and suggestions related to the workplace. Taking employee feedback seriously and improving workplace conditions can have a positive impact not only on employees but on the entire organization as a whole.
Prevention of age discrimination or harassment is not only beneficial for the company, but it enables employees to feel safe and valued alike. A safe and supportive workplace will continue to attract skilled workers and companies will reap the benefits of productivity.