California and Federal law prohibit employers from discriminating against employees based on their age. California’s Fair Housing and Employment Act (FEHA) makes it illegal to refuse to hire, refuse to select a person for a training program leading to employment, or to fire/terminate a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment, or demote them, because of their age. With respect to age claims, it protects workers over the age of 40. The Age Discrimination in Employment Act (ADEA) is the federal law that protects employees. The Act applies to companies with 15 or more employees and requires that employers refrain from singling out workers over the age of 40 in the terms and conditions of employment as well as in job advertisements.

• Terminating an older employee to replace the worker with a younger employee
• Not promoting an older employee while promoting a younger employee because of age
• Inappropriate comments about the age of an older employee or perhaps their speed/ability
• Making wage decisions based on the age of an employee
• Offering different terms/conditions/benefits to employees due to their age

There are a variety of remedies for victims of age discrimination, harassment, and/or retaliation, which include but are not limited to:

• Back pay (lost wages)
• Front Pay (money for lost future earnings)
• Out-of-pocket expenses
• Injunctive relief
• Emotional distress damages
• Punitive damages
• Attorneys’ fees and costs