Age Discrimination Attorney
Understanding Age Discrimination
Do you think that you were passed over for a job or promotion because of your age? If proven, this could constitute age discrimination, and you have legal rights under state and federal law.
Age discrimination occurs when an employer treats an employee or job applicant unfairly because of their age, most often targeting workers aged 40 and older. It can take many forms: denial of promotions, exclusion from training, demotions, pay cuts, forced retirement, or even termination, which are all common examples of age discri . Beyond the financial harm of lost income and benefits, age discrimination often creates a hostile work environment, stripping employees of dignity and equal opportunity in the workplace.
Request Free Consultation
Age Discrimination Is Illegal
Both federal and California law strictly prohibit this conduct. The Age Discrimination in Employment Act (ADEA) protects workers nationwide, while California’s Fair Employment and Housing Act (FEHA) offers even broader protection for employers with five or more employees . These laws make it illegal for employers to make hiring, firing, or compensation decisions based on age or to create policies that disproportionately harm older employees.
You May Be Entitled to Compensation
An experienced attorney helps employees hold employers accountable, recover lost wages, and obtain financial compensation for emotional distress and other damages. Attorneys also ensure that employees facing retaliation or wrongful termination for asserting their rights are protected under the law.
At ARCH Legal, we are a trusted employment law firm dedicated to fighting workplace injustice. Our age discrimination lawyer team has a strong record of success in age discrimination cases and other employee rights matters. We stand up to powerful employers and help workers restore fairness, respect, and financial security after experiencing age-based discrimination.
Employment Laws on Age Discrimination
The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees and job applicants aged 40 and older from workplace discrimination under federal and state laws . It applies to employers with 20 or more employees and prohibits age-based discrimination in hiring, promotions, wages, training, and termination for employees who have been subjected to discrimination. The ADEA also makes it unlawful for employers to retaliate against workers who file complaints or participate in age discrimination investigations.
The California Fair Employment and Housing Act (FEHA)
California’s anti-discrimination laws, particularly the Fair Employment and Housing Act (FEHA), offer even broader protection than federal law. It applies to employers with 5 or more employees and prohibits employment decisions motivated by age bias. FEHA also protects workers from harassment, retaliation, and forced retirement. Violations can result in significant damages, including lost wages, emotional distress, and attorney’s fees for willful misconduct.
Agencies That Enforce Age Discrimination Laws
Both the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) — formerly the Department of Fair Employment and Housing (DFEH) —investigate and enforce age discrimination claims. Employees can file complaints with either agency to initiate investigations or obtain a “right-to-sue” notice before pursuing a lawsuit.
OWBPA Protects Older Workers in RIF Contexts
Also, the Older Workers Benefit Protection Act (OWBPA) offers certain protections when an employer undertakes a reduction-in-force (RIF) in California. Under the OWBPA, if an employer offers a severance package or other benefit in exchange for a release of age‐discrimination claims, the waiver must be “knowing and voluntary.”
The employer must provide the release in writing, clearly refer to ADEA claims, advise the employee to consult an attorney, give the employee at least 21 days to consider the agreement (or 45 days if part of a group termination), and include a 7-day revocation period. There are also disclosure requirements for group layoffs, including ages and job titles of affected and retained employees.
In RIF situations, the employer must avoid selecting older workers for termination simply because of age; the OWBPA prohibits targeting older employees in staff‐reduction decisions. Some employers may misuse severance offers to mask discriminatory layoffs targeting older workers. For group terminations, employers must provide certain information — job titles and ages of those selected and not selected in the unit — to allow older employees to evaluate whether age played a role.
Infrastructure for RIFs in California must also take into account other legal requirements (such as the federal WARN Act and California’s mini‐WARN law), as timing, notice, and procedure are critical.
The Importance of Your Age Discrimination Attorney
Prevailing in an age discrimination claim can be challenging. An experienced age discrimination lawyer at ARCH Legal guides you through the legal process and ensures deadlines are met, evidence is preserved, and your legal rights are protected. Skilled advocacy often makes the difference between a dismissed claim and full compensation.
Examples of Age Discrimination in the Workplace
Age discrimination often begins during the hiring process. Employers may favor younger candidates, using coded language such as “recent graduate” or “energetic” in job postings. Qualified older applicants are sometimes dismissed as “overqualified” or “not a cultural fit,” while younger applicants may be favored unfairly. In the workplace, older employees may be passed over for promotions despite strong performance, while opportunities go instead to younger, less experienced workers.
Wrongful Termination and Forced Retirement
Many employees experience wrongful termination disguised as downsizing or restructuring. Others are pressured into early retirement, threatened with loss of benefits, or subjected to unrealistic expectations meant to force resignation. These actions violate both the Age Discrimination in Employment Act and California’s Fair Employment and Housing Act.
Subtle Bias and Unequal Treatment
Age bias isn’t always overt. It can manifest through unfair performance reviews, unequal training opportunities, or the assignment of less desirable duties to older workers. Employers may also exclude older employees from key projects or offer lower compensation compared to their younger counterparts in similar roles.
Protection Against Discrimination
California and federal laws protect employees from both obvious and covert forms of age discrimination. Whether discrimination based on bias appears in hiring, pay, promotion, or termination, relevant factors must be considered, and workers over 40 have the right to challenge unlawful treatment. Consulting an experienced age discrimination lawyer ensures these subtle yet damaging practices are exposed and corrected.
Why Choose ARCH Legal for Age Discrimination Cases
ARCH Legal combines deep knowledge of California and federal age discrimination laws with decades of experience representing employees in complex workplace disputes. Our attorneys have successfully held employers accountable for discriminatory practices — recovering significant millions in compensation for age discrimination victims who were unfairly terminated, denied promotions, or forced into early retirement due to age bias.
Our lawyers understand that age discrimination can be both financially and emotionally devastating. That’s why our firm takes a compassionate, client-centered approach, providing clear communication, strategic guidance, and dedicated legal advocacy every step of the way.
ARCH Legal’s mission is to protect workers’ rights and restore dignity in the workplace. Whether through negotiation or litigation, we fight tirelessly to achieve justice and hold employers accountable for unlawful conduct. If you’ve experienced age-based discrimination, contact our employment lawyers today for a confidential consultation.
The Role of an Age Discrimination Attorney
Your age discrimination attorney plays a vital role in protecting your rights and holding employers accountable for unlawful treatment. The process begins with a thorough investigation, where the attorney reviews employment records, performance evaluations, emails, and witness statements to uncover patterns of age-based bias.
Gather and Organize Discrimination Evidence
They then gather and organize this evidence to build a strong, well-documented claim demonstrating that age was a motivating factor in adverse employment decisions such as firing, demotion, or denial of promotion.
Legal Remedies Include Back Pay, Front Pay, and Additional Damages
Attorneys pursue all available legal remedies, including reinstatement to a former position, back pay, front pay, emotional distress damages, and, in egregious cases, punitive damages to deter future misconduct. They also ensure clients are protected from retaliation, as it is illegal for employers to punish workers who assert their rights or file discrimination complaints, which can significantly impact their mental health .
ARCH Legal’s experienced age discrimination lawyers provide strategic, results-driven advocacy for employees across California. We combine careful case preparation with a deep understanding of both state and federal law to achieve the best possible outcomes. Whether through negotiation or litigation, we stand beside our clients every step of the way. We are always for fairness, dignity, and justice in the workplace.
Filing and Pursuing an Age Discrimination Case
Pursuing an age discrimination claim begins with documenting incidents of bias and, when possible, filing an internal complaint with your employer or human resources department. If the issue is not resolved, employees can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
These agencies investigate claims under the Age Discrimination in Employment Act and Fair Employment and Housing Act. After investigation, you may receive a right-to-sue notice, allowing you to file a civil lawsuit.
Limited Time to File Your Claim
Strict deadlines apply, typically 300 days for EEOC filings and three years for CRD complaints, so acting promptly is vital to preserve your right to compensation. Missing these deadlines can prevent recovery, even in strong cases.
Your skilled age discrimination lawyer ensures all filings meet procedural requirements, gathers persuasive evidence, and pursues maximum recovery for lost wages, benefits, and emotional harm.
Let ARCH Legal Guide You
Our age discrimination law firm guides clients through every step, from agency filings to settlement or trial, providing clear communication and unwavering support. We fight to protect your rights, restore fairness, and help you achieve justice after experiencing age-based discrimination in the workplace.
Frequently Asked Questions
How hard is it to win an age discrimination lawsuit?
Winning an age discrimination lawsuit can be challenging, but it’s entirely possible with strong evidence and skilled legal representation. Success depends on proving that age was a motivating factor in an adverse employment action such as firing, demotion, or refusal to hire. Employers rarely admit to age bias directly, so circumstantial evidence — such as patterns of replacing older workers, discriminatory comments, or sudden negative performance reviews—is key.
What evidence is needed to prove age discrimination?
Evidence can include emails, texts, performance reviews, witness statements, or company records showing a bias against older workers. Patterns of replacing experienced employees with younger ones, exclusion from projects or promotions, or comments about being “too old” or “outdated” can all support a claim. Statistical evidence — such as layoffs disproportionately affecting older workers — can also be powerful. Under California’s FEHA and the federal ADEA, both direct and indirect evidence are acceptable, and an experienced employment lawyer can help gather and present proof effectively to demonstrate that age was a factor in the employer’s decision.
How much is an age discrimination lawsuit worth?
The value of an age discrimination lawsuit depends on the severity of the harm, lost wages, emotional distress, and the employer’s conduct. Successful plaintiffs may recover back pay, front pay, reinstatement, compensatory damages, and, in some cases, punitive damages for willful violations. Under California’s FEHA, employees may also recover attorneys’ fees and costs. Settlements can range from thousands to millions, depending on the evidence, duration of discrimination, and whether administrative remedies have been pursued.
Can I be fired or laid off because of my age?
No. It is illegal under both federal and California law to fire, lay off, or demote an employee because of age. Workers aged 40 and older are protected by the Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act. While employers can make legitimate business decisions, they cannot use age as a deciding factor.
Can job postings include age-related requirements?
Generally, no. Job postings cannot include age-based restrictions unless a legitimate occupational qualification applies, which is rare. Listings that say “young,” “recent graduate,” or “digital native” may indicate illegal bias under the ADEA and FEHA. Employers must focus on skills and experience, not age. Even subtle age-coded language can discourage older applicants and lead to discrimination claims.
How long do I have to file an age discrimination claim?
In California, employees generally have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD) under FEHA, or 300 days under federal law with the EEOC. Once a right-to-sue notice is issued, you typically have one year to file a lawsuit in civil court.
Can my employer force me into early retirement because of my age?
No. Employers cannot legally pressure, coerce, or force employees into early retirement based on age. Under FEHA and the ADEA, retirement decisions must be voluntary and free from discrimination or undue influence. Employers may offer retirement incentives, but they cannot threaten termination, demotion, or loss of benefits to compel acceptance. If you feel forced to retire or sign a severance agreement unfairly targeting older workers, you may have grounds for legal action regarding an age discrimination claim.
Are promotions and training opportunities covered under age discrimination laws?
Yes. Age discrimination laws protect against unfair treatment in all aspects of employment, including promotions, training, pay raises, and job assignments. Employers cannot deny advancement or skill-development opportunities to older workers based on assumptions about ability, longevity, or retirement plans. If younger employees consistently receive promotions or training over equally qualified older workers, it may indicate systemic age bias.
Does age discrimination apply to job applicants, or only current employees?
Age discrimination protections apply to both job applicants and current employees. Employers cannot refuse to interview, hire, or fairly consider candidates because they are over 40. Job postings, hiring questions, or decisions influenced by assumptions about age, energy, or retirement plans may violate FEHA and the ADEA. Applicants denied opportunities due to age have the same right to file complaints or lawsuits as current employees.
Can I be asked about my age or graduation year during interviews?
Generally, employers should not ask about your age, birth year, or graduation date during interviews, as these questions can imply bias or intent to discriminate. While some background checks or licensing requirements may necessitate age verification, such inquiries must have a valid, job-related purpose. Asking when you graduated, for example, can indirectly reveal age and lead to claims under California’s FEHA or the ADEA.
Our acknowledgement
Have you suffered harassment or discrimination in the workplace?
Find The Right Attorney For Your Case
Contact ARCH Legal today to speak with an experienced employment law attorney dedicated to protecting your workplace rights. Whether you’re facing discrimination, retaliation, or wage violations, our team is ready to help. Call, email, or schedule a free consultation to discuss your case and explore your legal options.
