Age Discrimination

Labor Law PC is an employee-side firm representing workers 40 and older across Los Angeles. Ageism runs deep in this region's signature industries. Entertainment has a well-known bias toward youth, from writers' rooms to studio marketing departments. Tech companies on the Westside chase "culture fit" that quietly means "young." Even hospitals, banks, and aerospace employers use layoffs to trade experienced, higher-paid staff for cheaper replacements. Our age discrimination lawyers know these patterns and how to expose them.

If you suspect your age cost you a job, a promotion, or your livelihood, call (877) 775-2267 for a free, confidential consultation. We work on contingency: no fees until we win.

Signs of Age Discrimination at Work

Employers almost never say "you're too old." They say other things. Watch for:

• Coded language: comments about wanting "new blood," "high energy," "recent grads," or a "younger vibe," or questions about when you plan to retire.
• Layoffs that skew older: a reduction in force that disproportionately eliminates workers over 40 while younger, less experienced employees stay or are hired soon after.
• Replacement by a younger worker: your duties handed to someone significantly younger, often at lower pay, after your position was "eliminated."
• Sudden performance criticism: years of solid reviews followed by write-ups and impossible improvement plans once a younger manager takes over.
• Exclusion: being left out of trainings, key meetings, new technology projects, or client relationships that go to younger colleagues.
• Pressure to retire: repeated retirement "suggestions," unwanted early-retirement packages, or worsening conditions designed to make you quit.
• Hiring bias: job postings seeking "digital natives" or capping years of experience, or interviews that dwell on your graduation dates.

If several of these sound familiar, start documenting now: keep copies of reviews, emails, layoff lists, and names of who stayed, who left, and who was hired.

Your Rights Under California and Federal Age Discrimination Law

Two laws protect older workers, and California's is stronger.

FEHA: California's Broader Protection

The Fair Employment and Housing Act (FEHA) prohibits discrimination against employees and job applicants who are 40 or older. It applies to employers with five or more employees, far more than the 20-employee threshold of federal law, so small Los Angeles businesses are covered. FEHA forbids using age as a factor in hiring, firing, layoffs, pay, promotions, training, job assignments, and benefits. Critically, FEHA has no caps on compensatory or punitive damages, unlike federal employment statutes.

California courts have also recognized that targeting workers because of high salary or seniority can serve as evidence of age discrimination when those traits function as stand-ins for age.

The ADEA: The Federal Baseline

The federal Age Discrimination in Employment Act (ADEA) also protects workers 40 and older, but it applies only to employers with 20 or more employees and offers more limited damages. For most Los Angeles workers, FEHA is the stronger tool, and an attorney can pursue both where appropriate.

Layoffs, Severance, and the Older Workers Benefit Protection Act

Layoffs are where age discrimination hides most often. If you were part of a group termination and offered a severance agreement that waives age claims, federal law (the Older Workers Benefit Protection Act) generally requires the employer to give you time to consider it, advise you to consult an attorney, and disclose the ages and job titles of who was selected and who was not. Those disclosures can reveal whether the layoff skewed older. Do not sign a severance agreement waiving age claims before a lawyer reviews it.

Deadlines

You generally have three years from the last discriminatory act to file a complaint with the California Civil Rights Department (CRD) before suing under FEHA. Federal ADEA charges through the EEOC have much shorter deadlines. Timelines vary by claim and can be affected by severance agreements, so talk to a lawyer promptly.

How We Build an Age Discrimination Case

1. Free consultation. We hear your story and give you an honest read on whether the facts support a claim.
2. Evidence gathering. We look at who replaced you, layoff selection lists and age data, performance review history, internal emails, and comments by decision-makers.
3. CRD right-to-sue. We handle the administrative filing with the California Civil Rights Department that FEHA requires before a lawsuit.
4. Negotiation or litigation. Many cases resolve through negotiation or mediation once the evidence is assembled; when employers refuse fair compensation, we litigate in Los Angeles courts.

What You May Recover

Depending on your facts, an age discrimination case may seek lost wages and benefits (including the value of lost retirement contributions), future lost earnings where returning is not realistic, emotional distress damages, punitive damages in egregious cases, and attorney fees under FEHA. No outcome is ever guaranteed, and no honest lawyer will promise you a number before investigating. What we can promise is a clear-eyed evaluation for free.

Frequently Asked Questions

• Is it legal for my employer to replace me with someone younger and cheaper?

  Replacing you specifically because of your age is illegal. Employers often frame it as cost-cutting, but California courts recognize that salary and seniority can be proxies for age. Whether your facts support a claim depends on the evidence, which is what a free consultation sorts out.

• I was laid off at 58 in a "company-wide" reduction. Can that still be discrimination?

  Yes, if the selection process targeted older workers or hit them disproportionately. Layoff disclosure lists, rehiring patterns, and who absorbed your duties often tell the real story. Group layoffs are one of the most common settings for age claims.

• Do age discrimination laws protect me when I am applying for jobs, not just when employed?

  Yes. FEHA and the ADEA both cover job applicants. Postings aimed at "recent graduates," experience caps, and interview questions about your age or retirement plans can all be evidence of discriminatory hiring.

• How long do I have to bring an age discrimination claim in California?

  Generally three years from the most recent discriminatory act to file with the CRD, with a further window to sue after a right-to-sue notice. Federal deadlines are shorter, and severance agreements can complicate timing, so do not wait to get advice. Deadlines vary by case.

• Should I sign the severance agreement my employer gave me?

  Not before a lawyer reviews it. Severance offers to workers over 40 usually ask you to waive age discrimination claims, and the disclosures that come with group layoffs can reveal whether you are signing away a strong case.

Related Practice Areas

• Workplace Discrimination: our main discrimination practice, covering every protected characteristic under FEHA.
• Disability Discrimination: age and disability claims often overlap when health conditions become the excuse for pushing out older workers.
• Gender Discrimination: older women frequently face compounded age-plus-gender bias.
• Wrongful Termination: when an age-motivated firing violates FEHA, it is also a wrongful termination.

Serving Older Workers Across Los Angeles and California

Labor Law PC represents employees throughout Los Angeles County, including Santa Monica, Beverly Hills, West Hollywood, Burbank, Glendale, Pasadena, Long Beach, and Torrance, and workers across California.

Talk to an Age Discrimination Lawyer Today

Your experience is an asset, not a liability, and California law agrees. Get a free, confidential assessment of your situation before deadlines pass or severance paperwork locks you in.

Call (877) 775-2267 or contact Labor Law PC online. No fees until we win.