Hitting a certain age in California’s competitive job market can feel like suddenly becoming invisible. You’ve got the experience, the skills and the drive, yet you’re fired or passed over for someone younger, perhaps even someone fresh out of college. Sound familiar? It might be more than just “bad luck;” it could be age discrimination, which is illegal under state and federal laws.
Understanding ageism: More than just a number
Ageism is when employees receive unfair or negative treatment because of their age. It often affects older adults, with others assuming they can’t do things, aren’t good with technology or don’t like change. This bias can be subtle or obvious, but in any form, it can violate an employee’s rights.
Age discrimination can rear its head at any point during your employment journey:
- Job postings: Watch for phrases like “recent graduate,” “digital native” or requirements that disproportionately disadvantage older workers.
- Interviews: Being grilled about your graduation year or asked questions implying you’re “overqualified” could be red flags.
- Promotions and opportunities: Are younger colleagues consistently favored for advancement despite your comparable qualifications? Are older workers targeted or overlooked for specific training?
- Layoffs and terminations: While economic factors play a role, older workers being disproportionately targeted for layoffs raises concerns, as does forced retirement.
These practices are not only unethical but can also be illegal. Awareness of these signs is essential to protecting your career.
Spotting and documenting ageism
If you think you’re facing age discrimination, taking these steps can be essential in future actions and options:
- Keep a detailed record of incidents
- Save emails, memos or other proof
- Talk to coworkers—you might not be alone
- Learn your company’s policies on discrimination
- Document your job performance to counter any false claims
Having solid evidence is crucial if you decide to take action later.
When to consider legal action
Legal action might be the next step if your efforts through internal channels prove fruitless. In California, the Fair Employment and Housing Act protects workers over 40 from age discrimination, and these rights are worth protecting.
Legal action can lead to compensation and enforce workplace policy changes. Seeking legal advice can help you through this process to protect and uphold your rights.