Age discrimination is illegal under both federal and California state law, yet many older employees still face unfair treatment due to their age. Whether it’s being passed over for a promotion, laid off without clear explanation, or hearing age-related comments at work, age discrimination can be subtle but harmful. If you believe you’ve been targeted because of your age, here’s what you need to know about proving it.
Understand What Qualifies as Age Discrimination
Under the Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA), it is unlawful for employers to discriminate against employees who are 40 years of age or older. This includes decisions related to hiring, firing, promotions, pay, job assignments, and training.
Key Evidence to Help Prove Age Discrimination
To build a strong case, you’ll need evidence that shows your age played a role in how you were treated. Here are some signs to look out for:
- Ageist remarks or jokes by supervisors or coworkers
- Sudden negative performance reviews after years of good evaluations
- Being replaced by a significantly younger employee
- Layoffs where older workers are disproportionately affected
- Being excluded from meetings, trainings, or opportunities
Documenting these patterns and collecting physical evidence—like emails, texts, or witness accounts—can help support your claim.
What You Can Do
If you suspect age discrimination:
- Document everything. Keep records of incidents, including dates, what was said or done, and who was involved.
- File a complaint internally. Report the issue to HR or management.
- Consult with an employment attorney. A legal professional can help evaluate your situation and determine if you have a case.
- File a claim. You may be able to file with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Don’t Stay Silent
Age should never be a reason you’re treated unfairly at work. If you’re facing discrimination because of your age, you may have legal options. We help workers like you fight back.
Contact our office for a free consultation.
