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If you believe your age played a role in how you were treated at work—whether through a demotion, layoff, or missed opportunity—you deserve answers and support.
At Eugene Bruno & Associates, we stand with San Diego workers who have faced unfair treatment due to their age. Our legal team will walk you through your legal options—all at no cost during your initial consultation.
Call 1-888-BRUNO-88 (1-888-278-6688) today.
What Is Age Discrimination Under California and Federal Law?
Age discrimination occurs when an employee over 40 is treated unfavorably due to their age. It’s illegal under federal and California law:
- The Age Discrimination in Employment Act (ADEA): A federal law that protects workers aged 40 and older from discrimination in hiring, firing, compensation, promotions, and other employment terms.
- The Fair Employment and Housing Act (FEHA): California’s state law goes even further, applying to employers with five or more employees and covering both direct and indirect age-based bias (such as policies that disproportionately affect older workers).
These laws prohibit both intentional discrimination and policies or practices that have a discriminatory effect on older employees—even if unintentional.
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Common Signs of Age Discrimination at Work
Age discrimination can often be subtle, making it difficult to immediately identify. In many cases, it doesn’t come in the form of outright termination or offensive remarks but through patterns, behaviors, or systemic workplace practices that disproportionately impact older employees.
If you’re over 40 and beginning to feel marginalized, overlooked, or pressured out, there are several warning signs that may indicate age discrimination.
Sudden Changes in Performance Reviews
If you’ve received consistently positive evaluations over the years but suddenly start receiving poor performance reviews with little justification, this may be a red flag. Employers may use fabricated or exaggerated criticisms as a way to build a paper trail before termination.
Being Passed Over for Promotions or High-Value Assignments
You might notice that opportunities for advancement or key projects are consistently going to younger employees, even when you have more experience and qualifications. This could signal an internal culture of age bias or employer preference for a younger image.
Unwelcome Comments About Age
Even seemingly harmless jokes or casual remarks such as, “You’re getting close to retirement,” “You’re not as fast as you used to be,” or “We need some fresh blood” can point to a biased work environment. Such comments can also serve as evidence when proving age discrimination.
Reduced Responsibilities
If you’ve found your workload reduced without a clear explanation or you’re being excluded from meetings, client-facing roles, or leadership decisions, it could indicate that your employer is trying to ease you out.
Being Targeted in Layoffs or Restructuring
Older employees are often disproportionately affected by company downsizing or restructuring. If most of the laid-off employees are over 40 and are being replaced with younger staff, it may be a violation of ADEA protections or FEHA age discrimination statutes.
Forced Retirement Pressure
Some employers subtly or explicitly suggest retirement as a way to push out older workers. You may be offered early retirement packages or hear frequent mentions that it’s “time to slow down,” even if you’re performing well.
Discriminatory Hiring Practices
Even before you’re hired, age discrimination can show up through job descriptions seeking “young and energetic” candidates or asking inappropriate questions during interviews like “What year did you graduate?” or “How long do you plan to work before retiring?”
Training and Development Exclusion
If you’re routinely excluded from training, certifications, or professional development opportunities—especially if such opportunities are offered to younger colleagues—it may reflect age-based assumptions that you’re not invested in your career growth or that you’re nearing the end of your working years.
Harassment or a Hostile Work Environment
Older employees may face verbal abuse, condescending attitudes, or jokes that create a hostile work environment. This can erode morale and serve as evidence that age discrimination is part of the workplace culture.
Replacement by a Younger Worker
If you’re demoted, terminated, or laid off and then replaced by someone significantly younger who is less qualified, this may be one of the clearest signs of discrimination based on age.
Your Legal Rights as an Employee Over 40
If you’re 40 or older, you’re entitled to legal protections from age discrimination under both FEHA and ADEA. These laws ensure that:
- Employers cannot make hiring, firing, or promotion decisions based on age.
- You’re entitled to equal training, pay, and job assignments.
- You can seek compensation if you’ve been subjected to unlawful age-based treatment.
You have the right to report discrimination without fear of retaliation. And if your rights have been violated, you may be entitled to file a legal claim to pursue compensation and justice.
How Long Can I Wait Before Filing an Age Discrimination Claim?
There are strict deadlines, known as statutes of limitations, for filing an age discrimination claim:
- Under FEHA (California law), you must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act.
- Under ADEA (Federal law), you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days, depending on the circumstances.
It’s important not to delay. Missing a deadline can mean losing your right to take legal action. Speak with a qualified San Diego employment law attorney as soon as possible to protect your rights and preserve evidence.
What to Do If You Suspect Age Discrimination in San Diego
If you think you’re being treated unfairly because of your age, here’s what you can do:
- Document everything: Keep a record of discriminatory comments, performance reviews, emails, and any relevant interactions.
- Report it internally: Follow your employer’s HR procedures for reporting discrimination.
- Consult a lawyer: An attorney can review your situation and guide you on whether and how to file a formal complaint.
- Avoid retaliation traps: Stay professional, and don’t give your employer an excuse to claim poor performance or misconduct.
How to File an Age Discrimination Claim in San Diego
Filing a claim starts with submitting a complaint to a government agency. Your lawyer can help you determine which route is best and whether to file with one or both agencies.
Step 1: File a Complaint
- With the CRD (California Civil Rights Department), you can file online or by mail.
- With the EEOC (Equal Employment Opportunity Commission), this may be appropriate if you intend to pursue federal claims under ADEA protections.
Step 2: Receive a Right-to-Sue Notice
Once your complaint is processed, you may receive a “right to sue” notice, allowing you to proceed with a civil lawsuit in court.
Step 3: File a Lawsuit
A formal lawsuit can seek damages for lost wages, emotional harm, and more. At Eugene Bruno & Associates, we’re here to guide you through each step of this process.
What Compensation Can You Recover for Age Discrimination?
When you’ve been the target of age discrimination in the workplace, the consequences can be deeply personal and financially devastating. The law recognizes this, and both federal and California statutes allow victims of age-based bias to recover various forms of compensation, also known as damages, to help make things right.
Back Pay
This is the most common form of compensation in employment discrimination cases. Back pay covers the wages, salary, and benefits you would have earned from the time of the discriminatory act (such as termination, demotion, or denied promotion) to the time of resolution, whether through settlement or trial. It includes:
- Lost wages
- Bonuses or commissions
- Paid time off (PTO) or vacation time
- Health insurance or retirement contributions
- Lost stock options or profit-sharing opportunities
An example is if you were unfairly terminated due to your age and remained unemployed for 10 months. Your back pay could include 10 months of salary plus lost benefits.
Front Pay
If returning to your old job isn’t feasible—either because the employer refuses to reinstate you or the work environment is too toxic—front pay may be awarded. This compensates you for the loss of future income due to the discrimination.
Front pay is often awarded when:
- You are nearing retirement age, and the discrimination effectively cut your career short.
- You’ve been blacklisted in your industry or unable to find comparable work.
- Your future earnings are clearly impacted by the discriminatory action.
The court or jury considers factors such as your expected retirement age, job prospects, and the length of time it may take to find similar employment.
Emotional Distress / Pain and Suffering
FEHA age discrimination claims in California allow for non-economic damages, which is compensation for the emotional toll that discrimination can take on your well-being. These damages acknowledge that discrimination doesn’t just affect your bank account—it affects your quality of life.
While this is not permitted under federal ADEA law, it is still a significant aspect of recovery under state law.
You may be eligible to receive compensation for:
- Anxiety and depression
- Sleeplessness and stress
- Damage to self-esteem and dignity
- Loss of enjoyment of life
- Mental anguish caused by humiliation or a hostile work environment
Attorney’s Fees and Legal Costs
Both FEHA and ADEA allow the prevailing party in a successful discrimination claim to recover reasonable attorney’s fees and litigation expenses. This helps level the playing field for employees who might otherwise struggle to afford legal representation.
Legal costs may include:
- Court filing fees
- Deposition and discovery expenses
- Expert witness fees
- Mediation or arbitration costs
Punitive Damages (Available Under FEHA)
In particularly egregious cases, such as when an employer acts with malice, oppression, or fraud, a California court may award punitive damages. These are not meant to compensate you directly but to punish the employer and deter future unlawful conduct.
Examples that may qualify include:
- Repeated discriminatory conduct after warnings or training
- Falsifying documentation to justify firing an older employee
- Retaliating against an employee who complained about age discrimination
Federal ADEA law does not allow punitive damages, which is one reason many California age discrimination claims are brought under FEHA whenever possible.
Reinstatement or Promotion
In some cases, especially under federal ADEA claims, a court may order that the employee be reinstated to their former position or be given a promotion that was unlawfully denied. This remedy is often ideal when the employment relationship can be repaired, and the workplace is willing to comply.
Interest on Lost Wages
You may also be entitled to interest on your unpaid wages, both pre-judgment and post-judgment. This ensures that you’re fairly compensated for the time value of the money you should have received.
Injunctive or Declaratory Relief
In some cases, courts can order the employer to change their policies or training procedures to prevent further age discrimination. This may not involve a monetary payment, but it helps protect other workers and sends a strong message to the employer and community.
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Eugene Bruno & Associates surpassed my expectations. Their service is unparalleled compared to any attorney I’ve worked with before. The firm goes above and beyond in accommodating clients and demonstrates deep expertise in litigation. I’ve recommended them to all my friends because they treat everyone with respect and never judge based on financial status or ethnicity. The quality of service they provide deserves more than 5 stars, as they truly excel beyond typical standards in litigation.
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Contact a San Diego Age Discrimination Lawyer Today
Age discrimination in the workplace can derail careers, cause financial hardship, and take a toll on your mental health. But you don’t have to accept it.
At Eugene Bruno & Associates, we offer personalized support and aggressive representation to help you seek justice. We’ve earned a reputation as one of San Diego’s top legal teams for workplace issues—call 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation today.
