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California law prohibits discrimination on the basis of age and protects individuals over the age of 40.  Age discrimination and harassment can occur when the employer expresses a desire to hire “fresh blood” or suggests that their employee is “too old” or “too slow” for the job.  The California statute that protects against age discrimination is the Fair Employment and Housing Act (FEHA).  

 

The FEHA is similar to the federal Age Discrimination in Employment Act (ADEA) but is more protective of employee rights.  It is usually advisable for employees to pursue relief under the FEHA instead of the ADEA. The FEHA prohibits Age Harassment as well as Age Discrimination.

 

 

Age Harassment

 

Harassment is negative treatment that is demeaning, degrading and offensive, and can take on the forms of name-calling, using derogatory labels, mocking, being ostracized or socially excluded, offensive gestures, offensive depictions, or worse conduct on the basis of a person’s age.  Unlawful age-based harassment occurs when a supervisor creates or knowingly allows the existence of a hostile, offensive, abusive, or intimidating work environment that negatively affects an employee’s ability to perform their work. 

 

Age Discrimination

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Age Discrimination occurs when an employer takes an adverse employment action against the employee that is implicitly or explicitly based on the employee’s age.  It is generally unlawful to do any of the following on the basis of a person’s age:

 

• refuse to hire or employ the person;

• refuse to select the person for a training program leading to employment;

• discharge the person from employment;

• denies the person a promotion or raise;

• discriminate against the person in compensation;

• discriminate against the person in the terms and conditions of employment.

 

California also prohibits the use of salary as a basis for differentiating between employees when terminating positions or handling layoffs if use of that criterion adversely impacts older workers as a group.  Other differences between younger and older workers, such as promotions and benefits, used for determining layoffs may be challenged as age discrimination under the FEHA.