The California Civil Rights Department (CRD) has released a new fact sheet on protecting workers against age discrimination in the workplace. In California, age protections in employment begin at the age of 40.  

Under California’s Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against or harass an employee or job applicant based on a range of protected characteristics, including age. California’s FEHA applies to any employer with 5 or more employees. When it comes to harassment based on protected classifications, including age, the FEHA applies to any employer with one or more employees. In the employment context, those aged 40 and older are protected from actual age discrimination as well as perceived age discrimination. Such discrimination occurs when an employer takes an adverse employment action against an employee because of age or on the mistaken belief that the employee is aged 40 or older. According to the AARP, roughly two-thirds of older workers nationwide reported seeing or experiencing age discrimination in the workplace. 

What Does Age Discrimination Look Like? 

Age discrimination can take a variety of different forms. Sometimes it’s obvious, while other times it’s more subtle. A few key examples of age discrimination that employers should be aware of include: 

• Excluding older people when hiring. This can apply to job postings that express a preference for someone under the age of 40, such as “Looking for someone young and energetic to join the team.” 

• Asking about a candidate’s age before hiring. For example, an employer generally cannot ask an applicant to share their date of birth on a job application or during an interview. 

• Giving lower wages or benefits because of age. Employers cannot pay employees aged 40 and older less than other employees doing equivalent work. 

• Denying a promotion because of age. Employers cannot deny someone a promotion or evaluate them unequally because they are 40 or older. 

• Making comments, jokes, or insults about age. Age-based harassment can create a hostile work environment, including repeated comments like, “Okay, Boomer” or “Hey, old man.” 

California Takes Age Discrimination Seriously  

Over the last few years, CRD has overseen several high value age discrimination-related settlements: 

• $40,000 settlement for a truck driver who was allegedly discriminated against because of their age.  

• $110,000 settlement for alleged discrimination at Southern California assisted living facilities related to sign language interpretation for seniors with disabilities.  

• $149,000 settlement for five women who worked as food preparers at a deli in Napa Valley who allegedly faced discrimination based on their national origin and age.  

The CRD’s new fact sheet on age discrimination is a good resource for California employers to remain vigilant when it comes to protecting workers from age discrimination including age-related biases and stereotypes.