Workers 40 and older in San Francisco are protected from age discrimination by both federal and California state law. If you have been treated unfairly in hiring, firing, promotions, or other aspects of employment because of your age, you have meaningful legal rights and potential remedies available to you.
At Lawless, Lawless & McGrath, we help employees understand those protections and take action when employers violate them.
Federal Protection: The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act of 1967 is the primary federal law prohibiting age discrimination in the workplace. It applies to employers with 20 or more employees and protects workers who are 40 years of age or older.
Under the ADEA, it is unlawful for an employer to discriminate based on age in:
- Hiring and recruitment decisions
- Terminations and layoffs
- Promotions and demotions
- Compensation and benefits
- Job assignments and training opportunities
The ADEA also prohibits age-based harassment and the use of employment policies that disproportionately disadvantage older workers without a legitimate business justification.
California Protection: The Fair Employment and Housing Act (FEHA)
California’s Fair Employment and Housing Act provides protections that, in many respects, go further than federal law. FEHA applies to employers with five or more employees and similarly protects workers who are 40 and older from discrimination in all terms and conditions of employment.
Importantly, FEHA offers several advantages over federal law for California workers:
- Broader coverage — applies to smaller employers than the ADEA
- Longer filing deadlines — employees generally have three years to file a complaint with the California Civil Rights Department
- Greater remedies — California law allows for compensatory and punitive damages in some cases where federal law does not
- Stronger harassment standards — California courts have interpreted harassment protections more broadly than federal courts in certain circumstances
For most San Francisco workers, FEHA will be the primary law under which an age discrimination claim is evaluated, though federal claims under the ADEA may be pursued simultaneously.
What Counts as Age Discrimination?
Age discrimination does not always take the form of an employer explicitly stating that age was a factor in a decision. Common examples include:
- Being passed over for promotion in favor of significantly younger, less experienced employees
- Being laid off as part of a workforce reduction that disproportionately affects older workers
- Receiving negative performance reviews that conflict with your prior track record, shortly before a termination
- Being excluded from training, mentorship, or leadership development opportunities available to younger colleagues
- Hearing age-related comments such as references to being “overqualified,” “too set in your ways,” or “not a cultural fit”
Even seemingly neutral policies—such as targeting specific salary ranges for layoffs—can constitute discrimination if they result in a disproportionate impact on employees 40 and older.
What About Harassment Based on Age?
Both the ADEA and FEHA prohibit age-based harassment that creates a hostile work environment. This can include persistent derogatory remarks about an employee’s age, jokes that single out older workers, or treatment that demeans employees because of their age. A single severe incident or a pattern of less serious conduct can both constitute unlawful harassment depending on the circumstances.
Steps to Take If You Suspect Age Discrimination
If you believe you have been discriminated against because of your age, consider taking these steps:
- Document all relevant incidents, including dates, what was said or done, and who was present
- Keep records of performance evaluations, emails, and any communications that reflect how you were treated relative to younger colleagues
- Report internally through HR or your company’s established complaint process, if it is safe to do so
- Consult an employment attorney to evaluate your claim before filing a formal complaint
How Lawless, Lawless & McGrath Can Help
Navigating age discrimination claims under both FEHA and the ADEA requires a thorough understanding of both state and federal law. Our experienced San Francisco age discrimination attorneys evaluate the full picture of your employment situation, identify the strongest basis for your claim, and guide you through every step of the process—from filing with the appropriate agency to pursuing litigation if necessary.
If you believe you have experienced age discrimination in San Francisco, contact Lawless, Lawless & McGrath today. You deserve to be evaluated on your skills, performance, and experience—not your age.