Age Discrimination in California Workplaces: Rights, Signs, and How a San Diego Lawyer Can Help

In San Diego’s competitive job market experience should be a prized asset. Yet, many older workers over the age of 40 find themselves suddenly "restructured" out of long-held positions, only to see their duties handed to an employee who is significantly younger and less experienced. This is illegal under California Employment law.

If this sounds familiar, you aren’t just facing a career setback, you may be a victim of age discrimination. Many San Diego employees find themselves in this situation, feeling as though their years of loyalty have been discarded. In California, employee rights are protected by some of the strongest employment laws in the country. This guide explores the protections employees have under California law, and how a skilled employment lawyer can build a winning case to hold companies accountable for employment discrimination.

The California Advantage: Stronger Employment Law Protections for San Diego Workers

When it comes to employment law, the difference between federal and state law is massive. While federal law (the ADEA) provides a baseline of rights, the California Fair Employment and Housing Act (FEHA) provides even greater protections for California Employees, that go above and beyond the federal age-based discrimination employment laws.

1. Protection for San Diego Employees in Small and Mid-Sized Businesses

Under federal employment law, an older worker generally cannot sue for age-based workplace discrimination unless the employer has at least 20 employees. In San Diego’s diverse economy of tech startups, small businesses, and professional firms, many employers fall below that line. However, California law is much stricter. In California, FEHA starts protecting employees who work at companies with just five employees.

2. A Group Effort: Protecting Older Employees in San Diego

Unlike federal employment law, which primarily looks at individual harm, California's employment law protects older workers as a group. This allows employment lawyers to challenge company-wide policies that have a "disparate impact." Even if an employer's practices might look neutral on paper (like targeting high-salary earners for layoffs), California employment law may prohibit the employment practice because it effectively wipes out the senior workforce.

Disproving the Fake Reason the Company Gave

The biggest hurdle in an age discrimination case is that employers rarely admit to workplace discrimination. Instead, they provide a legitimate, nondiscriminatory reason for the older employee's wrongful termination, such as poor performance or a hiring freeze.

To win, the employment attorney must unmask this reason as a pretext, which is a employment law term for a lie used to cover up a discriminatory motive. At J.T. Howell, PC, we seek to establish authority in the courtroom by identifying:

• Shifting Explanations: If an employee's manager first claimed the employee was terminated due to a budget cut, but the employer later tells the court it was because of attendance issues, that inconsistency is a powerful indicator of pretext and wrongful termination.

• Pattern Evidence: We look for patterns. If other older employees were pushed out by the same decision-maker, the other employees' testimony can be admissible to show a standard operating procedure of age discrimination.

• Superior Qualifications: If an older employee is replaced by a significantly younger employee who is objectively less qualified, it suggests the employer’s stated reason for the change is unworthy of belief.

A common tactic in workplace discrimination is refusing to hire an older worker because they are "overqualified." While some courts see this as a valid business concern regarding potential boredom or salary requirements, California Law allows us to argue that overqualified is often just a pretext for too old. If the employer cannot provide objective job-related reasons for why high experience is a detriment the label may be evidence of employment discrimination.

Rebutting Common Defenses

Employers frequently argue that they couldn't have engaged in workplace discrimination because the same person who hired the employee is the one who fired the employee. They claim it would be irrational to hire someone older only to fire them later. However, this inference is not an absolute bar to an employee's claim. An experienced employment lawyer can overcome this by showing that circumstances changed. For example, if a new manager took over, or if the employer only hired the older employee to use their experience during a transition period before replacing the older employee with someone younger once things stabilized.

It Does Not Need To Be The Only Reason

Perhaps the greatest strategic advantage for San Diego employees is the Mixed-Motive rule. In federal court, an employee often has to prove that age discrimination was the “but-for” (sole) reason for the employee's wrongful termination.

In a California state court, an employment lawyer only needs to prove that age was a "substantial motivating factor" in the decision to wrongfully terminate or otherwise discriminate against the employee. Even if the employer had other valid reasons to let the employee go, the employer can still be held liable if the employment attorney can show that the employee's age played a substantial role in the employer's decision-making process.

Your Recovery Is Not Limited In California

Recovery under Federal age discrimination law is capped and does not allow for "pain and suffering" or traditional punitive damages.

Under the FEHA, those damages are unlimited. In a successful employment case, an employee can pursue the full scope of what the employee lost, including:

• Backpay: The wages and benefits the employee lost from the date of the age discrimination.

• Front Pay: Compensation for future earnings if reinstatement isn't possible.

• Emotional Distress: Unlimited damages for the mental and physical toll the age discrimination took on the employee's life.

• Punitive Damages: In cases of malice or reckless indifference, additional awards meant to punish the employer.

Take Action Before It is Too Late

For an employee to protect their right to sue under FEHA, the employee must generally file a complaint with the California Civil Rights Department (CRD) and the appropriate civil court within three years of the last act of employment discrimination. A San Diego employment law attorney can help guide you through the process.

If you believe your age was held against you, you need a strategy from a competent San Diego age discrimination employment lawyer. The law office should utilize the full power of California employment law for your benefit. Contact J.T. Howell, PC today for a free consultation and review of your employment case from a law office with the expertise necessary to get you the justice you deserve. J.T. Howell, PC does not charge any fees unless you win, meaning you won't ever pay out of pocket.

***

Disclaimer: The information provided in this blog post is for general educational purposes only and is not intended to be legal advice. Laws regarding employment discrimination are complex and subject to change; you should consult with a qualified attorney to discuss the specific facts of your situation. Accessing or reading this material does not create an attorney-client relationship between you and J.T. Howell, PC. This post may be considered Attorney Advertising under the California Rules of Professional Conduct. Any mention of past case results is not a guarantee, warranty, or prediction regarding the outcome of your potential legal matter, as every case is unique.

Jake T. Howell, Esq.

San Diego Employment Lawyer

Representing employees in San Diego County