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Last Modified on
Feb 12, 2026
If your employer or potential employer has made a decision that disadvantaged you solely due to your age, you are likely a victim of age discrimination. Age discrimination cases require specific and solid evidence, which can be difficult to provide on your own. When you hire a trusted age discrimination lawyer at Gruzen Moussly Law, we can tell you how to prove age discrimination at work in California and make getting compensation an attainable goal.
Age Discrimination Laws in California
The Fair Employment and Housing Act (FEHA) is one of California’s most impactful anti-discrimination laws. It is broader than federal legislation, meaning your chance of being protected against age discrimination in California is even higher. Understanding protected categories under California FEHA can help you identify if other rights were also violated.
FEHA prevents employers from discriminating against potential and current employees because of certain characteristics, including age, if they are at least 40 years old. It also covers discrimination in all steps of the hiring process and during employment. Employees, job applicants, volunteers, and interns are all protected from age discrimination under the Fair Employment and Housing Act.
Evidence to Help Prove Age Discrimination
- Exclusion during recruitment. Language in advertisements or applications, such as seeking “recent grads” or employees who are “young/energetic.” They may also claim that an applicant is “too experienced.”
- Decreased or unfair wages and benefits. Younger employees being paid more than their older coworkers, even if they are working in similar capacities and completing the same amount of work. This often overlaps with California’s Equal Pay Act protections.
- Workplace Policies. If there is a workplace policy that primarily impacts older workers negatively or favors younger workers.
- Witness statements. If anyone at your job witnessed the transgressions on the part of your employer, it is crucial to obtain their testimonies. This can be essential for solidifying your claim of age discrimination.
- Employment history. A description of your position and your performance reviews are helpful evidence. It provides written documentation that you performed your job duties as expected. This is essential if you need to prove that you were wrongfully terminated.
Filing an Age Discrimination Claim in California
When it comes to filing an age discrimination claim in California, it might be more complicated than you would expect. Before you can file your case, you must first file a complaint with the California Civil Rights Department (CRD). With your complaint, you can request an immediate Right to Sue notice to pursue legal action with a lawyer; however, this means that your complaint will not be investigated by the agency.
If you choose to pursue a case with the CRD, the agency will review your complaint, and you will have to wait until the agency concludes its involvement to receive a Right to Sue letter. If the agency concludes the administrative process without an investigation, it doesn’t necessarily mean no wrongdoing was found. The CRD will only investigate a complaint if it determines that one of the civil rights laws it enforces has potentially been violated.
The CRD 2024 Annual Report showed that 867 age-related complaints alone were filed with the agency, along with nearly 6,000 complaints with requests for immediate right-to-sue. This demonstrates that a large number of employees choose to bypass the CRD administrative process altogether and proceed directly to court.
Our experienced racial discrimination lawyer can help you gather evidence for your case, file your complaint, and then pursue a court case once you obtain a right-to-sue. With proper legal counsel, it is possible to defend yourself and receive the justice you are entitled to.
Why You Should Hire a Discrimination Lawyer in California
Age discrimination cases can be difficult to secure evidence for. Discrimination laws can also be complex for someone who isn’t familiar with them. Without a lawyer, a legal case can be difficult to navigate, especially if you have just lost your job or suffered harassment at work. Our team can help you unravel wrongful termination by organizing the necessary documentation.
Fortunately, at Gruzen Moussly Law, one of our skilled employment lawyers can help you determine if you have experienced age discrimination. Our team has worked on a variety of workplace discrimination cases, including many against Fortune 500 companies and government entities. If you believe you are a victim of workplace age discrimination, we are prepared to take your case today.
We are a team of dedicated employment lawyers serving Encino, Tarzana, and other surrounding cities. If you need an employment lawyer for an age discrimination case, do not hesitate to reach out to our experienced legal counsel. Don’t let your employer avoid responsibility.
FAQs
What Proof Do You Need for an Age Discrimination Case in California?
The type of proof you need for an age discrimination case in California is evidence that leads a judge or jury to reasonably conclude that age was a primary reason for an unfavorable employment decision. Evidence can include showing that younger employees or applicants were treated more favorably compared to their older counterparts or that layoffs targeted senior employees.
What Qualifies as Age Discrimination in California?
When it comes to determining what qualifies as age discrimination, there are many factors to consider, such as the basis for decisions. Conduct or policies that target older employees unjustly or adverse decisions made solely based on age can constitute age discrimination. Denial of raises and promotions, hostile workplace comments, and refusal to provide benefits or privileges to people 40 and over are all strong instances of age discrimination.
What Is the Burden of Proof for Age Discrimination Cases in California?
The burden of proof for age discrimination cases in California requires the wronged employee to prove by a “preponderance of the evidence” that their age was a significant motivating factor in an unfavorable employment decision. This burden of proof means showing that their claim is, more likely than not, true.
Is It Hard to Win an Age Discrimination Case in California?
Winning an age discrimination case can be hard, but it doesn’t have to be. At Gruzen Moussly Law, our experience and skills allow us to be familiar with the many aspects of age-based workplace discrimination. We have seen both sides of employment law, which provides us with unique knowledge for helping you win your case.
Contact Gruzen Moussly Law for an Age Discrimination Attorney Today
With the right attorneys, pursuing an age discrimination case in California can be less stressful. Don’t wait to hire legal counsel. Contact Gruzen Moussly Law today. Our experienced team is ready to help you get the justice and compensation you know you deserve.
