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Age discrimination in the workplace is not only unfair but also illegal under both federal and California state laws. Recognizing the signs of age-based bias and knowing how to collect evidence can empower employees to protect their rights and seek justice.

This blog explores how to identify age discrimination and provides actionable steps for building a strong case. Contact PLBH at (800) 435-7542 for a free legal consultation with an employment law attorney.

What Is Age Discrimination?

Age discrimination occurs when an employee is treated unfairly or less favorably because of their age. Under the Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA), workers aged 40 and older are protected from age-based bias in hiring, promotions, layoffs, and other workplace decisions.

Examples of Age Discrimination

Some common forms of age discrimination include:

  • Biased Hiring Practices: Favoring younger candidates despite qualifications.
  • Unfair Promotions: Overlooking experienced employees for advancement.
  • Derogatory Remarks: Making negative comments about an employee’s age or abilities.
  • Involuntary Retirement: Forcing older employees to retire before they are ready.
  • Unequal Training Opportunities: Denying access to skill-building programs.
  • Targeted Layoffs: Selecting older employees for layoffs under the guise of cost-cutting.

Signs You May Be Experiencing Age Discrimination

Recognizing age discrimination isn’t always straightforward. Look for these warning signs:

  • You’re repeatedly passed over for promotions given to younger, less-qualified coworkers.
  • Supervisors or colleagues make comments about your age, such as calling you “over the hill” or “too old for the job.”
  • You’re excluded from meetings, training, or projects where your expertise would be valuable.
  • You notice patterns of older employees being replaced with younger hires.
  • Your performance reviews suddenly decline despite no significant changes in your work.

How to Collect Proof of Age Discrimination

If you suspect age discrimination, gathering evidence is critical to building a strong case. Follow these steps to collect proof:

1. Document Incidents

  • Keep a journal of discriminatory actions, including dates, times, and the names of those involved.
  • Record specific comments, behaviors, or decisions that reflect age bias.

2. Retain Communications

  • Save emails, memos, or text messages that include discriminatory language or confirm biased treatment.
  • Look for correspondence related to hiring, promotions, or layoffs that suggests age-based decisions.

3. Collect Employment Records

  • Retain copies of performance reviews, awards, or commendations to demonstrate your qualifications.
  • Request documentation explaining decisions that impacted you, such as denial of promotions or layoffs.

4. Gather Witness Statements

  • Speak to coworkers who may have observed discriminatory actions or policies.
  • Request written or verbal statements from colleagues willing to support your case.

5. Review Company Policies

  • Obtain copies of your employer’s anti-discrimination policies to identify inconsistencies between stated policies and actual practices.

Legal Protections Against Age Discrimination

California offers strong protections for employees experiencing age discrimination:

  • The Fair Employment and Housing Act (FEHA): Prohibits age-based discrimination in all employment practices for businesses with five or more employees.
  • The Age Discrimination in Employment Act (ADEA): Enforces age discrimination laws for companies with 20 or more employees.

These laws make it illegal for employers to retaliate against employees who file complaints or participate in investigations.

What Compensation Can You Seek?

If age discrimination is proven, you may be entitled to:

  • Lost Wages: Recovery of income lost due to wrongful termination, demotion, or denied promotions.
  • Emotional Distress Damages: Compensation for the stress and anxiety caused by discriminatory treatment.
  • Punitive Damages: In cases of blatant or intentional discrimination, additional damages may be awarded.
  • Reinstatement: Returning to your previous position or receiving a comparable role.

How PLBH Can Help

If you’ve experienced age discrimination at work, navigating the legal process can feel overwhelming. At PLBH, our experienced attorneys are dedicated to protecting employee rights and fighting for justice. We’ll evaluate your case, guide you in collecting evidence, and help you pursue the compensation you deserve.

Take Action Today

Age discrimination is unacceptable, and you don’t have to face it alone. If you believe you’ve been a victim of age-based bias in the workplace, contact PLBH at (800) 435-7542 for a consultation. Together, we’ll work to protect your rights and hold your employer accountable.