Age discrimination is an unlawful employer practice in California that can inflict financial and emotional harm on employees. At Fairchild Employment Law, our employment law lawyers are passionate about helping victims of age discrimination hold employers accountable. If you’ve been discriminated against because of your age, contact us to discuss how we can fight for your rights. Initial case evaluations with our experienced legal team are free.
Why Choose Fairchild Employment Law for your Age Discrimination Claim?
- We stand with victims of age discrimination in San Diego. Your lawyer will cater to your unique needs during this stressful time with respect, compassion, and a personalized legal plan.
- Our founder, Jillian Fairchild, spent 15 years defending employers. She knows exactly how they think and the tactics they use, giving her a unique advantage in fighting for you.
- Our age discrimination attorneys operate on a contingency fee basis, which means our clients don’t pay unless we win the case.
What Is Age Discrimination in the Workplace?
Age discrimination refers to the illegal practice of refusing to hire or taking adverse employment action against an individual in the workplace because of their age. Any employee who is 40 years of age or older is protected from age-based discrimination by law.
Under the California Fair Employment and Housing Act (FEHA), employers legally cannot use age as a basis for making employment decisions. This includes hiring, firing, pay, job assignments, and promotion decisions.
Examples of age discrimination in San Diego include treating an older employee less favorably than other staff members or making disparaging age-related jokes. It also includes replacing an older worker with a younger, less experienced individual or targeting older employees during layoffs. Furthermore, age discrimination can manifest as unequal pay or disability discrimination based on an older worker’s medical condition. A disability discrimination attorney in SD can help determine if you have a case.
Signs of Subtle or “Coded” Age Discrimination
Age discrimination in the workplace isn’t always obvious. Many employers know better than to say something openly about an employee’s age, so the bias shows up in subtler ways instead. Learning to recognize these patterns is the first step toward protecting your rights under California’s employment laws.
Some common signs of coded age discrimination include:
- Being told you’re “overqualified” for a position or promotion
- Hearing language like “fresh perspective,” “digital native,” or “high energy” used in job postings or performance discussions that seem to target younger candidates
- Being excluded from things like training opportunities, new projects, or client-facing roles without a clear explanation
- Noticing a pattern where older employees are laid off or pushed out while younger workers in similar roles are retained
- Receiving sudden negative performance reviews after years of satisfactory evaluations
- Being pressured into early retirement or offered buyout packages that feel more like ultimatums than options
None of these things in isolation is proof of discrimination, but they can paint a much larger picture when they form a pattern. If you’re seeing these kinds of signs at work, it may be worth speaking with a discrimination attorney at our law firm to evaluate your situation.
How To Prove an Age Discrimination Claim in California
Under the FEHA, a successful age discrimination claim generally requires you to establish four things: that you are 40 years of age or older, that your employer took an adverse action against you (such as termination, demotion, or denial of a promotion), that you were performing your job satisfactorily at the time, and that the circumstances create an inference that age played a role in the decision.
California uses what’s known as the “substantial motivating factor” standard, established in Harris v. City of Santa Monica (2013). You don’t have to prove that age was the only reason behind the adverse action; rather, you just need to show it was a substantial factor in the decision.
Evidence can be direct, such as a manager making comments about your age. It can also be circumstantial, such as being replaced by a significantly younger employee. Things like internal emails, performance records, and testimony from coworkers can also help build your case.
How an Attorney Can Help With Your Age Discrimination Claim
Age discrimination cases require careful preparation and a thorough understanding of both state and federal employment law. Having a qualified San Diego employment lawyer on your side can make a real difference in the outcome, especially when you’re going up against an employer with its own legal team.
Some of the ways an employment lawyer can help with your claim include:
- Evaluating the facts of your situation and advising you on whether you have a viable case
- Gathering and preserving key evidence like emails, performance records, and witness statements before it disappears
- Filing your administrative complaint with the California Civil Rights Department (CRD) within the required three-year deadline
- Handling communications and negotiations with your employer and their attorneys
- Building a persuasive case that connects the evidence to the legal standard under FEHA
- Representing you at mediation/settlement talks as well as at trial if your case goes that far
California’s FEHA provides robust financial remedies in these cases. However, accessing those remedies starts with building a solid case from the ground up, which is where experienced legal guidance matters most.
Legal Remedies Available to You as a Victim of Age Discrimination in San Diego
As an employee in San Diego, you have a legal right to be protected from age-based discrimination and harassment. You also have a right to equal opportunities for job promotions and new training. If you report discriminatory behaviors to HR or a state agency, you are legally protected from retaliation for this activity.
If you are a victim of age discrimination or retaliation, you may be eligible for financial compensation. You have the right to bring a claim against your employer to hold the company accountable for treating you unfairly based on your age.
A successful claim or lawsuit could result in compensation in the form of backpay, interest, emotional distress, and punitive damages, in some cases. Learn the potential value of your age discrimination claim by contacting our San Diego age discrimination attorneys before accepting a fast settlement from your employer. You may be compensated more than your employer is offering.
Treated Unfairly at Work?
You don’t have to face discrimination alone.
Discuss Your Age Discrimination Case With Us for Free in San Diego
If you have been wrongfully terminated or believe you are experiencing age discrimination in San Diego, protect yourself by contacting Fairchild Employment Law as soon as possible for a free consultation. Our law firm of experienced age discrimination lawyers will listen to your story and offer personalized advice about your situation. We can help you document and prove discriminatory incidents and report your employer’s misconduct through the proper channels. Then, we can seek a fair recovery for any resulting harm or damages you have suffered because of age discrimination. Contact us today to learn more during a free case evaluation in San Diego.