Los Angeles Age Discrimination Lawyers

What Qualifies as Age Discrimination at the Workplace?

Age discrimination occurs when an employer makes decisions or treats an employee unfavorably solely based on their age. In California, employees age 40 and older are protected under both state and federal laws, meaning it’s illegal for an employer to discriminate against someone for being “too old.”

This kind of discrimination can happen at any stage of employment, from hiring decisions and promotions to layoffs or assignments. It doesn’t have to be blatant or intentional – even subtle patterns or coded language targeting older workers may qualify as discrimination.

Clear Examples of Age or Generational Discrimination

Recognizing age discrimination isn’t always straightforward. It can be hidden in casual comments, exclusionary practices, or unjustified performance critiques. Some common examples include:

• Being passed over for promotions in favor of younger, less qualified employees
• Receiving lower performance reviews despite consistent or strong work
• Being laid off while younger employees with similar roles are retained
• Comments like “we’re looking for fresh energy” or “you’re stuck in old ways”
• Being left out of training, projects, or professional development opportunities
• Job postings that imply age preferences, such as “digital native” or “recent graduate”

These actions may also reflect generational discrimination, where assumptions are made based on generational stereotypes rather than an individual’s abilities.