Take the First Step
September 2, 2024 · Benjamin J. Treger
What 40+ Employees Should Know
You’ve been with the company for years. You know the job. You’re good at it. But lately, something has shifted. You’re being excluded from meetings you used to attend. Younger employees are being promoted over you. Your manager keeps mentioning “fresh perspectives” and “new energy.” Your last performance review was surprisingly negative despite years of strong evaluations.
If you’re over 40 and this sounds familiar, you may be experiencing age discrimination.
California’s Fair Employment and Housing Act (FEHA) prohibits employment discrimination against individuals 40 years of age or older. This covers hiring, firing, promotion, compensation, terms and conditions of employment, and any other adverse employment action motivated by age. The federal Age Discrimination in Employment Act (ADEA) provides additional protections.
Age discrimination is rarely stated explicitly. Instead, it manifests through patterns and coded language. Being told you’re “overqualified.” Being passed over for promotions in favor of younger, less experienced colleagues. Having your responsibilities gradually reduced or reassigned. Being excluded from training opportunities or development programs. Hearing comments about “cultural fit,” “energy level,” or “keeping up with technology.” Being selected for layoff while younger employees in comparable roles are retained.
One of the strongest forms of evidence in age discrimination cases is showing how similarly situated younger employees were treated differently. Were they given opportunities you were denied? Were their mistakes overlooked while yours were documented? Did they receive the support and training that was withheld from you?
Age discrimination claims under FEHA can result in lost wages (past and future), emotional distress damages, punitive damages, and attorneys’ fees. These cases can be substantial, particularly for employees with long tenures and high compensation whose careers were cut short.
If you believe your age is being held against you at work, contact Treger Legal for a free consultation.
This post is for informational purposes only and does not constitute legal advice. Consult with a qualified employment attorney about your specific situation.