Age is a protected characteristic in California, particularly for employees over the age of 40. However, discrimination still exists, and it can leave some wondering, “Can I be fired because of my age in California?” Unless an employee is performing poorly or otherwise needs to be terminated under the law, an employer generally cannot fire an employee because that individual is age 40 or older.
Some employees who live and work in West Covina and across the San Gabriel Valley find that they need to look past the employer’s reason for termination to how the decision was actually made in order to determine whether termination was lawful.
What Do California Age Discrimination Laws Prohibit?
California Government Code § 12940 makes it unlawful for covered employers to discriminate against employees because of protected characteristics. This includes age. FEHA generally applies to employers with five or more workers. California’s age discrimination laws protect workers and applicants who are at least 40 years old. Age discrimination involves more than termination. Generally, employers cannot use age when making decisions about the following:
- Hiring
- Promotions
- Layoffs
- Benefits
- Compensation
Government Code § 12941 also includes protections related to the use of salary as a factor for terminating older workers. This is especially important for workers who have spent years in a profession and now make higher compensation than their peers.
In 2024, the California Civil Rights Department logged 5,911 age discrimination claims from workers aged 40 and older as part of its employment right-to-sue complaints. The department also logged 7,655 race discrimination allegations and 9,131 claims involving sex or gender that same year.
Being Terminated and Replaced
The decision to replace an employee who is age 40 or older does not automatically prove age discrimination. An employer can choose to retain and terminate employees for lawful reasons like qualifications and performance. However, if it is discovered that age played a factor, you may have grounds for an official complaint or civil claim.
The fact that an employer terminated an older employee and replaced them with a younger worker is not necessarily discriminatory. However, this fact can become part of the evidence considered in an age discrimination claim, especially if the older worker was performing well and/or the employer pays the younger replacement significantly less for the same job. Age-related statements made by managers and decision-makers can also be useful.
Targeting Older Workers During Layoffs
While employers are allowed to perform layoffs, they cannot essentially use layoffs as an excuse to fire all, or mostly, older workers. The layoffs must be for a legitimate reason. If a company needs to reduce its workforce, reduce expenses, or otherwise perform a reduction in force, employees over the age of 40 can be impacted by the decision.
If a company states it needs to reduce expenses, it cannot then terminate older employees in favor of younger employees who cost less. This can be important for executives, managers, and other high-level professionals. Companies can consider economic factors when making layoffs and restructuring decisions, but they cannot use age itself as a factor for eliminating higher-paid, older employees.
Hire an Age Discrimination Lawyer to Review a Termination
An employee can hire an age discrimination lawyer to review the circumstances of a termination. An attorney can review the employer’s stated reason for termination and compare it to performance records and statements made within the workplace.
An age discrimination attorney can also look at how other employees were treated and calculate compensation-related losses. A lawyer may need to handle certain administrative requirements before an employee can file a claim under FEHA.
Employees who work near West Covina, work for companies located near Plaza West Covina, or work along the I-10 corridor might have age discrimination cases heard in Los Angeles County Superior Court. The West Covina Courthouse is located at 1427 West Covina Parkway, West Covina, CA 91790.
Each courthouse within Los Angeles County covers different areas. Your claim would need to be filed in the proper courthouse based on where the events occurred, as well as other factors.
FAQs
Can an Employer Ask My Age in a Job Interview in California?
An employer cannot outright ask you your age in a job interview if it is not pertinent to the job. California law prohibits most pre-employment inquiries that directly or indirectly reveal an applicant’s age. This includes questions regarding age, date of birth, and date of graduation. However, some questions might be acceptable if they’re necessary for legitimate reporting needs. An employer cannot refuse to consider you because you are 40 or older.
Can My Boss Pressure Me to Retire Because of My Age?
It is not illegal for your boss to ask about your retirement plans. However, repeated questioning and pressuring about retirement can be evidence used in a discrimination claim.
For example, a supervisor who asks an employee what their plans are for the future is not enough to prove discrimination. However, if you are subjected to numerous inquiries about retirement and are also denied job opportunities or terminated, this evidence may be used to show age was a factor in the employment decision.
Does FEHA Protect Me if My Boss Makes Jokes About My Age?
Yes, FEHA protects you if your boss makes jokes about your age if the joking can be considered harassment. An isolated remark may not be enough to prove an unlawful harassment claim. Frequent comments about an employee being old, unable to learn new technology, or being forced to retire could be used as evidence of age harassment if the comments are severe or pervasive.
Can a Job Ask for a Recent College Graduate in California?
While it is not inherently illegal for a job to ask for a recent college graduate in California, statements like this can provide evidence in an age discrimination claim. California law prohibits employment ads that might encourage or discourage individuals age 40 or older from applying unless age is required to perform the job.
Why Choose GUZMÁN & TOKAR LLP?
GUZMÁN & TOKAR LLP works with employees when facing employment law issues in California. When you hire an age discrimination lawyer from our firm to learn more about your rights, we can review the circumstances surrounding your termination and your employment records. We can compare how you were treated to other employees and calculate losses related to your termination. Contact us to speak with a member of our employment law legal team.
