In today’s American workforce, age discrimination is an unlawful practice that remains alarmingly widespread—yet frequently underreported. Many employees over the age of 40 face unfair treatment simply due to their age: from being pushed into early retirement, denied promotions, or replaced by younger, less expensive workers. At the Law Offices of Paul P. Cheng & Associates, we have represented clients in numerous age discrimination cases and are committed to protecting employee rights while advising employers on lawful practices.
Founder Paul P. Cheng, Esq., a seasoned trial attorney and former prosecutor, provides the following legal insights into how age discrimination manifests, the applicable federal and California laws, and what both employees and employers need to know.
What Is Age Discrimination?
Age discrimination involves treating an employee or job applicant less favorably because of their age—specifically, if they are 40 years or older, as protected under both federal and state law.
While not all employment decisions involving older workers constitute discrimination, employers must ensure that their actions are based on legitimate business reasons—not age-based bias.
Common Forms of Age Discrimination
1. Unlawful Early Retirement Schemes
Employers may offer "Golden Handshake" packages under the guise of corporate restructuring or team optimization. However, if such programs only target workers aged 40 and above without a sound business justification, this may violate anti-discrimination laws.
Examples:
- Offering voluntary separation benefits exclusively to employees over 50;
- Pressuring senior staff to retire, citing their “inability to adapt to new business models.”
2. Systematic Replacement of Older Employees
Some companies reduce payroll expenses by gradually phasing out seasoned employees in favor of younger, lower-paid staff. If performance or conduct is not the true reason for dismissal, but rather age, this is a likely violation of the Age Discrimination in Employment Act (ADEA).
Warning signs include:
- Internal communications referencing a “need to refresh or rejuvenate the team”;
- A statistical spike in turnover among employees over 40;
- Replacing terminated employees with significantly younger individuals.
3. Wage and Benefits Discrimination
Under the Older Workers Benefit Protection Act (OWBPA), it is unlawful to discriminate against older workers in the provision of salary, health insurance, retirement plans, or bonuses.
Red flags:
- Limiting salary increases for older employees based on “tenure cost concerns”;
- Offering superior benefits to younger employees;
- Targeting higher-paid older staff during layoffs, despite poorer performance from younger peers.
Legal Protections: Federal & California Law
A. Age Discrimination in Employment Act (ADEA)
- Applies to: Employers with 15 or more employees;
- Protects: Workers aged 40 and over;
- Covers: Hiring, promotions, terminations, training, and benefits.
B. California Fair Employment and Housing Act (FEHA)
Offers broader protections than ADEA:
- Applies to employers with 5 or more employees;
- Covers unions, job training programs, and placement agencies;
- Allows for emotional distress damages and punitive damages.
Key Difference:
- ADEA requires a complaint to the EEOC before filing a lawsuit;
- FEHA allows filing directly with California’s Civil Rights Department (CRD), expediting access to a Right-to-Sue Letter.
How to Prove Age Discrimination
To succeed in an age discrimination claim, the employee must show:
- They are 40 years or older;
- They were qualified for the position;
- They suffered an adverse employment action (termination, demotion, denied promotion, etc.);
- Younger employees with similar qualifications were treated more favorably.
Common Employer Defenses & Legal Strategies:
Employer Defense Legal Countermeasure
“Layoffs were due to budget cuts” Review layoff data to show a pattern of targeting older workers
“The employee’s performance was lacking” Compare past evaluations and apply uniform standards
“The job required new skills” Prove the employee was capable or denied access to training
Available Remedies in Age Discrimination Cases
Successful claimants may recover:
- Economic Damages: Back pay, future earnings, lost retirement benefits;
- Non-Economic Damages: Pain, suffering, and reputational harm;
- Reinstatement or promotion;
- Punitive Damages (for willful violations);
- Attorney’s fees and litigation costs.
What Employees Should Do
- Document Everything: Save employment contracts, pay stubs, performance reviews, termination letters;
- Record Discriminatory Remarks: Any statements related to age (e.g., “We need younger energy”) may support your case;
- File a Complaint Promptly:
- EEOC: Within 300 days of the incident;
- CRD: Within 3 years in California.
Why Choose the Law Offices of Paul P. Cheng & Associates?
Age discrimination cases can be legally complex and emotionally charged. Employers often have legal teams ready to defend their actions. That’s why you need an experienced, strategic advocate.
Our firm offers:
✅ Extensive Experience: We’ve successfully handled numerous age discrimination cases and are familiar with employer defense tactics.
✅ Strategic Litigation Approach: We integrate employment law, contract law, and torts to craft winning arguments.
✅ Bilingual Legal Support: We provide services in English and Spanish to ensure our clients fully understand their rights.
Final Note
In California, the statute of limitations for age discrimination claims is 3 years from the date of the discriminatory act. If you believe you've been a victim, it’s critical to act quickly.
Whether you are an employee seeking justice or an employer needing compliance guidance, the Law Offices of Paul P. Cheng & Associates is here to help. Contact us at (626) 356-8880 to schedule a consultation.
Experience and seniority should be valued—never penalized.