Age Discrimination Lawyer in San Diego, CA

Were you fired, passed over for a promotion, denied an opportunity, or treated differently at work because of your age? California and federal laws protect many employees age 40 and older from workplace age discrimination.

The Law Offices of Devon Roepcke represents employees in San Diego who believe age influenced an employer's decision about their job, pay, promotion, working conditions, or termination. Age discrimination is not always obvious. Comments about retirement, being "too old," wanting "younger talent," or needing "new blood" can sometimes be warning signs when combined with adverse employment decisions.

If you believe your age affected how you were treated at work, call 619-940-5357 or contact the Law Offices of Devon Roepcke online to discuss your situation.

What Is Age Discrimination in the Workplace?

Workplace age discrimination occurs when an applicant or employee is treated unfavorably because of age in circumstances prohibited by law. In California, employees and job applicants age 40 and older receive protection against age discrimination under the Fair Employment and Housing Act, commonly called FEHA.

Federal law also protects workers age 40 and older through the Age Discrimination in Employment Act, or ADEA. The laws differ in their employer coverage and procedural requirements, so determining which protections apply requires looking at the circumstances of the individual case.

Age discrimination can affect virtually every stage of employment, including:

• Recruiting and hiring
• Job assignments
• Pay and compensation
• Training opportunities
• Promotions
• Performance evaluations
• Disciplinary decisions
• Layoffs and reductions in force
• Employment benefits
• Termination

If you believe one of these decisions was influenced by your age, speak with a San Diego employment lawyer about your rights.

What Are Examples of Age Discrimination at Work?

Age discrimination can be direct, but it is often more subtle. An employer may give a neutral explanation for an employment decision while other evidence suggests that age influenced what happened.

Potential examples of workplace age discrimination can include:

• Firing an older employee and replacing that employee with a substantially younger worker
• Passing over an older employee for promotion because management wants someone younger
• Repeatedly directing older workers toward retirement
• Making derogatory comments about an employee's age
• Referring to older workers as outdated, slow, or unable to learn new technology because of age
• Giving younger employees better assignments, training, or advancement opportunities because of age
• Targeting older workers during layoffs because management assumes they cost more
• Rejecting qualified applicants because an employer wants a younger workforce
• Using age-related stereotypes when evaluating an employee's performance or abilities

Not every unfavorable employment decision involving an older employee constitutes age discrimination. The question is whether age unlawfully influenced the employer's decision.

Who Is Protected From Age Discrimination in California?

California's FEHA protects job applicants and employees who are 40 years of age or older from employment discrimination based on age. FEHA's employment discrimination provisions generally apply to private employers with five or more employees as well as covered public employers.

The federal ADEA also protects workers age 40 and older. For private employers, federal ADEA coverage generally begins when an employer has 20 or more employees.

This distinction matters because a San Diego employee may be protected under California law even when the employer is too small to meet the federal ADEA's employer-size requirement.

Can I Be Fired Because of My Age in California?

An employer may terminate an employee age 40 or older for legitimate, nondiscriminatory reasons. An employer cannot, however, lawfully fire a covered employee because of the employee's age.

Questions can arise when an employee with a history of satisfactory performance suddenly receives poor evaluations, is placed on a performance improvement plan, or is terminated after management begins emphasizing age, retirement, or the desire for younger workers.

Evidence that may warrant further investigation can include:

• A sudden negative change in performance evaluations
• Age-related comments from supervisors or decision-makers
• Pressure to retire
• A substantially younger replacement
• Younger employees being treated differently for similar conduct
• Older employees being disproportionately selected during a layoff
• Changes in the employer's explanation for the termination

If you were recently fired and believe age was a factor, call the Law Offices of Devon Roepcke at 619-940-5357 to discuss what happened.

Can an Employer Replace Me With a Younger Worker?

Hiring or promoting a younger employee is not automatically illegal. The issue is whether an employer made its decision because of an employee's protected age.

Being replaced by a substantially younger employee can be relevant evidence in an age discrimination case, particularly when combined with age-related comments, strong prior performance, inconsistent explanations for termination, or evidence that older employees were systematically treated less favorably.

An employment lawyer can review the complete circumstances rather than relying on any one fact.

Age Discrimination During Layoffs and Reductions in Force

Companies are generally permitted to reorganize, reduce staff, eliminate positions, and conduct legitimate reductions in force. However, an employer cannot use a layoff as a way to unlawfully target workers because they are older.

Questions about possible age discrimination may arise when:

• A disproportionate number of older employees lose their jobs
• Younger employees in similar positions are retained
• Older employees are selected despite stronger performance histories
• Management discusses reducing the age of the workforce
• Eliminated positions are quickly recreated and filled by younger employees
• Older workers are pressured to retire before a reduction in force

The circumstances surrounding a layoff can be complicated. Statistical evidence, internal communications, selection criteria, performance records, and information about employees who were retained may all become relevant.

Age Discrimination in Hiring and Promotions

Age discrimination laws protect more than current employees. Qualified applicants age 40 and older can also be protected from discriminatory hiring practices.

Federal law generally prohibits job advertisements that express an age preference or discourage older applicants unless a lawful exception applies. Phrases or recruiting practices designed to favor younger applicants can create legal concerns depending on the circumstances.

Existing employees can also experience age discrimination when competing for promotions, leadership positions, training programs, or desirable assignments.

Can Age-Based Comments Be Evidence of Discrimination?

Comments about age do not automatically prove discrimination. Context matters. However, age-related statements may become important evidence when they are made by supervisors or people involved in an adverse employment decision.

Examples might include statements such as:

• "When are you going to retire?"
• "We need younger people here."
• "You're too old to keep up."
• "We need some new blood."
• "Younger employees understand technology better."
• "We need someone with more energy."

The meaning and legal significance of any statement depends on who said it, when it was said, the surrounding circumstances, and whether that person participated in the employment decision.

What Is Age-Based Harassment?

Age discrimination can also involve workplace harassment. Occasional teasing or isolated comments may not necessarily meet the legal standard for unlawful harassment. More serious or repeated age-based conduct, however, can potentially create legal issues.

Age-based harassment can include offensive comments, jokes, insults, ridicule, images, gestures, or other conduct directed at someone because of age.

If discriminatory treatment is accompanied by offensive workplace behavior, learn more about the firm's representation involving workplace harassment claims.

How Do You Prove Age Discrimination in California?

Employers rarely admit that an employment decision was made because of someone's age. As a result, age discrimination cases often depend on the complete factual record and evidence surrounding the employer's decision.

Potentially relevant evidence can include:

• Emails, text messages, and internal communications
• Age-related comments by managers or decision-makers
• Performance evaluations
• Disciplinary records
• Promotion and hiring records
• Information about who replaced a terminated employee
• Evidence showing how younger employees were treated
• Layoff selection criteria
• Witness testimony
• Changes or inconsistencies in the employer's explanation
• Patterns involving the treatment of older employees

No single fact necessarily establishes discrimination. An employment attorney can examine how the evidence fits together and whether it supports a potential claim.

What Should I Do If I Suspect Age Discrimination?

If you believe your employer is discriminating against you because of your age, preserving evidence early can be important.

1. Document What Happened

Create a timeline of important events. Record age-related comments, employment decisions, meetings, disciplinary actions, promotion decisions, and other relevant incidents.

2. Preserve Employment Records

Keep copies of performance evaluations, disciplinary notices, pay information, termination paperwork, emails, text messages, and other employment documents you lawfully possess.

3. Identify Potential Comparators

Write down the names and positions of younger employees who appeared to receive different treatment in comparable circumstances. This information may become relevant when evaluating your claim.

4. Consider Internal Reporting Procedures

Depending on your circumstances, reporting suspected discrimination to HR or through the employer's established complaint process may create an important record and give the employer an opportunity to respond.

5. Speak With an Employment Lawyer

Age discrimination claims have filing deadlines and procedural requirements. Speaking with an attorney early can help you understand which California or federal laws may apply.

Call 619-940-5357 or contact the Law Offices of Devon Roepcke online to discuss your circumstances.

Can My Employer Retaliate Against Me for Reporting Age Discrimination?

Employers cannot lawfully retaliate against employees for engaging in activity protected by applicable employment discrimination laws. This can include making a protected age discrimination complaint or participating in a qualifying discrimination investigation or proceeding.

Depending on the circumstances, retaliation may involve termination, demotion, reduced hours, undesirable assignments, discipline, or other adverse employment actions.

If your employer's treatment changed after you complained about age discrimination, preserve evidence showing what happened before and after the complaint.

What Compensation May Be Available in an Age Discrimination Case?

Available remedies depend on which laws apply and the facts of the individual case. Potential remedies under California law may include:

• Back pay — Compensation for qualifying past lost earnings
• Front pay — Compensation for certain future lost earnings
• Hiring or reinstatement — Employment-related relief may be available in appropriate cases
• Promotion — Certain discriminatory promotion cases may involve promotion-related relief
• Out-of-pocket expenses — Qualifying financial losses may be recoverable
• Emotional distress damages — These may be available under applicable California law
• Punitive damages — These may be available when the applicable legal requirements are satisfied
• Attorney's fees and costs — Certain employment discrimination laws allow recovery of qualifying legal fees and costs

Federal ADEA remedies differ in important respects from remedies available under California FEHA. The potential value of a claim should therefore be evaluated based on the laws and evidence applicable to the particular case.

How Long Do I Have to File an Age Discrimination Claim in California?

Employment discrimination claims are subject to deadlines. In general, a complaint alleging employment discrimination under California FEHA must be filed with the California Civil Rights Department within three years of the alleged discriminatory act.

Federal age discrimination claims have different deadlines. An EEOC charge generally must be filed within 180 calendar days, but that deadline may extend to 300 days when the legal requirements for an extension are met. California has a state law prohibiting age discrimination and a state agency that enforces it.

Different claims and circumstances can affect the applicable deadline. Employees should not wait until a deadline is approaching to find out which filing period applies.

If you believe you have experienced age discrimination, call 619-940-5357 to discuss your situation.

Why Choose the Law Offices of Devon Roepcke?

Being pushed out of a job because of age can affect your income, retirement plans, professional reputation, and ability to find comparable employment. The Law Offices of Devon Roepcke helps San Diego employees understand their workplace rights and evaluate potential employment-law claims.

Clients can expect:

• Individual attention — Your employment history and circumstances are carefully reviewed
• Clear communication — Your rights and potential next steps are explained in straightforward language
• Employment-law representation — The firm handles disputes involving workplace rights and employment discrimination
• Local representation — The office is located at 7290 Navajo Road, Suite 106, San Diego, CA 92119-1631

Talk to an Age Discrimination Lawyer in San Diego, CA

If you are 40 or older and believe your age affected a hiring, promotion, disciplinary, layoff, or termination decision, consider having the circumstances reviewed before important filing deadlines pass.

The Law Offices of Devon Roepcke is located at 7290 Navajo Road, Suite 106, San Diego, CA 92119-1631. Call 619-940-5357 or contact the firm online to discuss your workplace concerns.

Frequently Asked Questions About Age Discrimination in California

What qualifies as age discrimination in California?

Age discrimination can occur when a covered employer treats an applicant or employee age 40 or older unfavorably because of age. It can affect hiring, promotions, compensation, assignments, layoffs, discipline, termination, and other employment decisions.

At what age am I protected from workplace age discrimination?

California FEHA and the federal ADEA protect covered workers and applicants who are age 40 or older from age discrimination. California law can also provide protection when an employer mistakenly believes someone is 40 or older.

Can I be fired and replaced by a younger employee?

An employer can replace an employee for legitimate reasons, and a younger replacement does not automatically prove discrimination. However, replacement by a substantially younger employee may be relevant when combined with other evidence suggesting age influenced the termination.

Is asking me when I plan to retire age discrimination?

A question about retirement does not automatically establish unlawful discrimination. However, repeated pressure to retire or retirement-related comments from someone involved in an adverse employment decision may be relevant evidence depending on the circumstances.

Can my employer lay me off because I am older and earn more money?

An employer may make legitimate business decisions involving compensation and staffing, but it cannot use age itself as an unlawful basis for selecting employees for termination. Layoff selection criteria and how they affect older workers may need to be examined carefully.

Can someone over 40 discriminate against another employee over 40?

Yes. The fact that a supervisor or decision-maker is also over 40 does not prevent an age discrimination claim. The relevant question is whether the employee experienced prohibited treatment because of age.

Can I sue for age discrimination if I am still employed?

Potentially. Termination is not required for every age discrimination claim. Age discrimination can involve hiring, promotions, compensation, job assignments, training, discipline, layoffs, benefits, and other terms or conditions of employment.

Can my employer retaliate against me for complaining about age discrimination?

Applicable California and federal laws prohibit retaliation for certain protected activity involving opposition to age discrimination or participation in a protected discrimination process.

How do I prove I was fired because of my age?

Evidence may include age-related statements, performance records, the age of a replacement, treatment of younger employees, layoff patterns, witness testimony, internal communications, and inconsistencies in the employer's explanation for the termination.

How long do I have to file an age discrimination complaint in California?

A California FEHA employment discrimination complaint generally must be filed with the Civil Rights Department within three years of the alleged discriminatory act. Federal EEOC deadlines are shorter and can be as little as 180 days, although the deadline can extend to 300 days in qualifying circumstances. Getting legal advice promptly can help determine the deadline applicable to your claim.

Discuss Your Workplace Rights With the Law Offices of Devon Roepcke

If you believe your employer is pushing you out, denying opportunities, treating you differently, or terminating you because of your age, you may have legal options.

Call the Law Offices of Devon Roepcke at 619-940-5357 or contact the firm online to discuss your situation with a San Diego employment lawyer.