No. Retaliating against an employee for complaining about age discrimination is illegal under both California and federal law. If you have reported age discrimination—whether internally to HR or externally to a government agency—and your employer has responded with adverse action, you may have a separate retaliation claim in addition to your underlying discrimination claim.
At Lawless, Lawless & McGrath, we help employees in San Francisco protect themselves from retaliation and hold employers accountable when it occurs.
What the Law Says
Both the Age Discrimination in Employment Act (ADEA) and California’s Fair Employment and Housing Act (FEHA) explicitly prohibit retaliation against employees who:
- File a complaint about age discrimination internally or with a government agency.
- Participate in an investigation or administrative proceeding related to a discrimination complaint.
- Oppose discriminatory practices in the workplace, even informally.
- Assist a coworker in filing or pursuing a discrimination claim.
These protections apply regardless of whether the underlying age discrimination claim ultimately succeeds. You can be protected from retaliation even if your original complaint does not lead to formal findings.
What Retaliation Can Look Like
Retaliation does not have to be as overt as termination. Employers sometimes respond to complaints through more subtle actions that are still unlawful. Common forms of retaliation include:
- Demotion or reduction in job responsibilities.
- Being passed over for promotions or development opportunities that were previously available.
- Receiving unfair or pretextual negative performance evaluations.
- Hostile treatment from supervisors or coworkers that did not exist before the complaint.
- Reduction in hours, pay, or benefits.
- Exclusion from meetings, projects, or communications.
- Termination.
Even if any single action seems minor, a pattern of adverse treatment following a complaint can constitute illegal retaliation under FEHA and the ADEA.
The Timing Connection
One of the most significant factors in identifying retaliation is timing. If adverse actions occur shortly after you made a complaint, that proximity in time can be powerful evidence that the actions were retaliatory rather than coincidental. Courts and agencies look carefully at the sequence of events when evaluating retaliation claims.
Other relevant factors include whether the employer’s stated reason for the adverse action is consistent with how it has treated other employees in similar situations and whether there were prior indications of dissatisfaction with your performance before you made your complaint.
How a Retaliation Claim Works
A retaliation claim is legally distinct from an age discrimination claim. To establish retaliation, you generally need to show:
- You engaged in a protected activity, such as filing a discrimination complaint or participating in an investigation.
- Your employer took an adverse action against you afterward.
- There is a connection between the protected activity and the adverse action.
Both FEHA and the ADEA allow employees to pursue retaliation claims simultaneously with discrimination claims, which can significantly strengthen your overall legal position.
Steps to Take If You Are Experiencing Retaliation
If you suspect your employer is retaliating against you for raising concerns about age discrimination, consider taking the following steps:
- Document every adverse action, including dates, descriptions of what occurred, and who was involved.
- Note the timing relative to when you made your complaint.
- Preserve relevant communications, including emails, performance reviews, and written policies.
- Report the retaliation through internal channels if it is safe to do so, or directly to the CRD or EEOC.
- Consult an employment attorney promptly to evaluate your situation and determine the appropriate next steps.
How Lawless, Lawless & McGrath Can Help
Retaliation following a discrimination complaint can compound the harm you have already experienced and make your workplace feel untenable. Our San Francisco age discrimination attorneys evaluate both the underlying discrimination and any retaliatory actions, gather evidence, and develop a strategy that addresses the full scope of your employer’s conduct.
You should not have to choose between protecting your rights and protecting your job. If you have experienced retaliation after complaining about age discrimination in San Francisco, contact Lawless, Lawless & McGrath today to schedule a consultation.