Searching for a new job is challenging at any age—but for older workers, age discrimination can make the process feel especially unfair. Despite years or even decades of valuable experience, many older job seekers encounter subtle (and sometimes blatant) forms of bias that can derail opportunities.
In California, job applicants over the age of 40 are protected by both state and federal anti-discrimination laws. At PLBH, we help workers understand their rights and fight back when they’ve been unfairly denied employment because of their age.
What Does Age Discrimination in Hiring Look Like?
Age discrimination doesn’t always come in the form of direct comments or obvious rejections. In fact, it’s often subtle—and disguised as something else. Recognizing the signs is the first step to identifying when your rights may have been violated.
Common Signs of Age Discrimination During Hiring
- Job ads that request “recent graduates” or a “young, energetic team”
- Interviewers expressing concern that you’re “overqualified”
- Questions about your retirement plans or how long you plan to work
- Employers fixating on your ability to adapt to technology or a “fast-paced” culture
- A pattern of younger candidates being hired over older, equally or more qualified applicants
While employers are allowed to seek candidates with specific skills, they cannot make hiring decisions based on your age or use coded language to exclude older workers.
Legal Protections for Older Workers
In California, multiple laws protect job applicants over the age of 40 from age-based discrimination during the hiring process.
Federal Law: ADEA
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits age discrimination against individuals age 40 and older. It applies to:
- Employers with 20 or more employees
- Hiring, firing, promotion, compensation, and other employment decisions
California Law: FEHA
The Fair Employment and Housing Act (FEHA) offers even broader protections than federal law. It applies to:
- Employers with five or more employees
- Discrimination in hiring, job ads, recruitment practices, and interviews
- Retaliation against applicants who raise concerns about age bias
If you suspect that age was a factor in your rejection for a job, these laws may give you grounds to file a legal claim.
How to Strengthen Your Case
Age discrimination claims can be difficult to prove, especially in the hiring stage where employers have discretion over who they choose. However, certain evidence can help support your case.
Helpful Documentation to Collect
- Job postings or ads with potentially discriminatory language
- Notes or emails from interviews that reference age
- A record of your qualifications compared to those who were hired
- Screenshots or written communications from recruiters or hiring managers
- Witnesses who may have observed discriminatory practices
Even if the evidence is circumstantial, a skilled employment attorney can help you build a case by identifying patterns or inconsistencies in the hiring process.
What to Do If You Suspect Age Discrimination
If you believe you’ve been passed over for a job because of your age, you don’t have to accept it in silence. There are steps you can take to protect your rights and hold employers accountable.
- Keep detailed notes about every step of the hiring process
- Preserve communications related to the application or interview
- File a complaint with the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission (EEOC)
- Speak with an employment attorney to explore your legal options
The sooner you act, the better your chances of preserving your claim and seeking justice.
Speak with a California Age Discrimination Attorney
Age should never be a barrier to opportunity. At PLBH, we advocate for older workers who’ve been denied jobs, promotions, or fair treatment because of age-based bias. If you believe you’ve experienced age discrimination in hiring, call PLBH at (800) 435-7542 to schedule a free consultation. We’re here to help you understand your rights—and enforce them.