Age discrimination at work in California

What California law protects

The Fair Employment and Housing Act (FEHA), including Government Code section 12940, addresses discrimination and harassment based on age. CRD’s age fact sheet explains that protection can also apply when someone wrongly believes you are in the protected age group, or treats you differently because you associate with someone in that group. Employers cannot use age stereotypes as a substitute for evaluating your work or qualifications.

• FEHA's discrimination rules cover employers that regularly employ 5 or more people. Harassment rules cover employers with 1 or more employees. Retaliation for opposing discrimination or harassment, or for taking part in a complaint, is also prohibited. Source: GOV section 12926
• Government Code section 12940(h) prohibits retaliation for opposing discrimination or harassment or participating in a complaint. Harassment protections include employees, applicants, unpaid interns, volunteers, and contractors. Source: GOV section 12940
• FEHA protects applicants and employees who are 40 or older from age discrimination. The CRD age fact sheet describes age-biased hiring practices, pay decisions, and harassment. Source: CRD: Age discrimination
• The federal Age Discrimination in Employment Act (ADEA) protects people 40 and older. Its employer threshold is generally 20 or more employees, unlike FEHA’s smaller threshold. Source: EEOC: Age discrimination

What it can look like

These situations can raise concerns worth reviewing. They are examples, not findings that a particular employer violated the law.

• You are left out of software training because your manager says older workers cannot learn new technology. Later, the lack of training is used against you in a review.
• You apply for a position you can do, but a recruiter says the team needs someone younger to match its image. Your application is set aside without a review of your skills.
• You do the same kind of work as younger coworkers, but your manager says you need less pay because you should already be financially secure.
• You repeatedly hear jokes about being too old to keep up. Your supervisor joins in instead of addressing the comments, and the conduct begins to interfere with your work.
• You see a posting seeking a digital native rather than describing the computer skills the job needs. You are told your experience makes you unsuitable for the team.
• You complain about age-based comments, and your supervisor takes away desirable assignments because you raised the concern. Keep track of both the comments and the later changes.

What usually is not covered

Look at why the treatment happened and which protection applies. An upsetting experience alone does not answer that question.

• A younger person getting a job does not, by itself, prove age discrimination. The employer may choose a candidate based on lawful qualifications rather than age.
• An employer may address actual performance problems. Age protection does not excuse missed duties, but a stereotype about older workers is not the same as evidence about your work.
• Recruiting on a college campus is not automatically forbidden. CRD explains that an employer cannot use student recruitment as a way to avoid considering older adults.
• Not every unpleasant comment creates unlawful harassment. The context, frequency, and seriousness matter, and a related job decision may raise a separate discrimination concern.

Related protections

Different protections can overlap. Reporting discrimination or requesting a protected accommodation may raise retaliation concerns if the employer punishes you for doing so. Harassment involves conduct directed at you, while discrimination can involve an employment decision. Keep those events separate in your notes, even when they are connected.

• Retaliation
• Harassment overview
• Disability accommodation

What to keep a record of

A clear record helps explain what happened without guessing about motives. Keep your own account accurate, and note any gaps in your memory rather than filling them in.

Do not take confidential company documents that you are not allowed to keep.

• Write down dates, names, locations, and the words you remember. Separate what you directly saw or heard from what someone else told you. Note who was present and who made each employment decision.
• Keep texts and emails you received, along with schedules, pay stubs, job postings, and performance reviews you are allowed to keep. These can help show what changed and whether the employer gave a reason.
• Save your complaints, accommodation requests, and the responses you received. Keep a simple timeline of the request, the reply, and any later change in pay, hours, duties, or treatment.

Where to file and deadlines

The California Civil Rights Department (CRD) handles FEHA employment complaints. The federal Equal Employment Opportunity Commission (EEOC) handles federal employment discrimination matters. Their procedures and coverage are not identical. Do not assume an internal workplace complaint replaces contacting an agency, or that a state deadline is also the federal deadline.

Deadlines can depend on your facts, so talk to a lawyer soon.

• For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. See Government Code section 12960. Source: CRD complaint process
• After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. If you also want to keep federal rights, the EEOC deadline for California workers is generally 300 days from the discrimination. Source: GOV section 12965
• For California workers, the deadline to file an EEOC charge is generally 300 calendar days, including for age claims, because California has its own law on the same bases. Filing a charge with either the EEOC or CRD generally counts as filing with the other agency. Source: EEOC: Time limits

• Where to file in California

Common questions

Sources

• California Government Code section 12940
• CRD: Employment
• CRD: Age discrimination
• EEOC: Age discrimination
• EEOC: Coverage
• CRD: Complaint process
• GOV section 12926
• GOV section 12960
• GOV section 12965
• EEOC: Time limits
• EEOC: Filing a charge

Last reviewed October 28, 2026

This website provides general information about California law and is not legal advice. Information here may not apply to your situation.