Age Discrimination Lawyer Los Angeles | ADEA & FEHA Claims

If you need an age discrimination lawyer in Los Angeles, Mesriani Law Group is here to help. Age discrimination in the workplace is illegal under both California and federal law — and it is far more common than most employers would like to admit. Older workers are passed over for promotions, pushed out during layoffs, targeted in performance review cycles, and replaced by younger employees at a disproportionate rate.

At Mesriani Law Group, our Los Angeles age discrimination attorneys represent workers 40 and older who have been treated unfairly because of their age — as part of our broader employment discrimination practice. We handle all employment discrimination cases on a contingency fee basis — you pay nothing unless we win.

California and Federal Age Discrimination Laws

California workers are protected by both state and federal law, and California’s protections are significantly stronger than federal law in several important respects:

California Fair Employment and Housing Act (FEHA)

FEHA (Government Code § 12940 et seq.) is California’s primary employment anti-discrimination law and provides broader protections than federal law. See our full guide to California anti-discrimination laws:

• Covers employers with 5 or more employees — far broader than the federal ADEA threshold of 20
• Protects workers 40 years of age and older from discrimination in all terms and conditions of employment
• Applies to hiring, firing, promotion, demotion, compensation, job assignments, training, and all other employment decisions
• Allows compensatory and punitive damages, unlike federal law which limits remedies
• Provides a three-year statute of limitations for FEHA claims (extended from one year by SB 807, effective January 1, 2022)

Age Discrimination in Employment Act (ADEA)

The ADEA is the primary federal age discrimination law:

• Covers private employers with 20 or more employees and all government employers
• Protects workers 40 and older from age-based discrimination in all phases of employment
• Prohibits age-based harassment creating a hostile work environment
• Does not allow punitive damages but allows liquidated damages (double back pay) for willful violations
• Requires filing an EEOC charge before filing a lawsuit; the deadline is 300 days from the discriminatory act in California

Why FEHA usually provides stronger protection: FEHA covers smaller employers, allows punitive damages, has a longer statute of limitations, and California courts have generally applied it more favorably to employees than federal courts have applied the ADEA. Our attorneys evaluate which law provides the strongest basis for your claim.

What Counts as Age Discrimination Under California Law?

Age discrimination occurs when an employer takes an adverse employment action against an employee because of their age. This includes both direct and indirect discrimination:

• Disparate treatment: The employer deliberately treated you less favorably than younger employees because of your age. Direct evidence — such as a manager’s comment that the company is “looking for fresh faces” or needs “younger energy” — or circumstantial evidence supporting an inference of age bias.
• Disparate impact: An employer’s neutral policy has a disproportionate negative impact on workers 40 and older. Under Babb v. Wilkie (2020) and California law, a policy need not be motivated by discriminatory intent to constitute unlawful discrimination if it produces discriminatory results.

Common Examples of Age Discrimination in Los Angeles Workplaces

Age discrimination rarely comes with an explicit statement. More commonly it appears through a pattern of conduct. See our guide to common examples of age discrimination in the workplace:

• Termination or layoff: Being laid off or terminated while younger, less experienced employees are retained — which may also constitute wrongful termination. Disproportionate targeting of older workers in reduction-in-force or “restructuring” events.
• Failure to hire: Being rejected for a position despite being qualified, while the employer hires a significantly younger candidate. Job postings seeking “digital natives,” “recent graduates,” or candidates who are “energetic” and “fresh” may signal age bias.
• Denied promotion: Being passed over for advancement while younger, less experienced colleagues are promoted.
• Forced retirement: Being pressured to retire early or accept a severance package under conditions that suggest age was a motivating factor.
• Reduced responsibilities: Having job duties removed, being sidelined from important projects, or being excluded from meetings and decision-making while younger colleagues are included.
• Age-based harassment: Comments, jokes, or derogatory remarks about age, being “old,” being “not tech-savvy,” or being resistant to change that create a hostile work environment.
• Differential discipline: Being subjected to harsher discipline for conduct that younger employees commit without consequences.
• Compensation disparities: Being paid less than younger employees performing substantially the same work.

Proving Age Discrimination: What Your Lawyer Will Do

Employers rarely admit to age discrimination. Building a successful case requires identifying and preserving evidence before it disappears:

• Internal communications — emails, Slack messages, and performance review notes that reveal age bias in decision-making
• Comparative evidence — ages of employees who were retained, promoted, or hired versus those who were not
• Statistical analysis — demographic data showing disproportionate impact on workers 40 and older
• Witness testimony — coworkers who observed discriminatory conduct or heard discriminatory statements
• Employer’s stated reasons for adverse action — analyzing whether the reason is pretextual given the circumstances
• Timing patterns — adverse actions occurring shortly after age-related comments, shortly before an older worker’s retirement eligibility, or during workforce restructuring

The Administrative Process: DFEH/CRD and EEOC

Before filing a lawsuit for age discrimination in California, you must first exhaust administrative remedies by filing a charge with the appropriate agency:

• FEHA claims: File a complaint with the California Civil Rights Department (CRD, formerly DFEH) within three years of the discriminatory act. You must obtain a “right to sue” notice from the CRD before filing a lawsuit.
• ADEA claims: File a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act in California. The EEOC will investigate and either dismiss, settle, or issue a “right to sue” notice.

Our attorneys handle the administrative process on your behalf — and if your employer retaliates against you for filing a complaint, see our workplace retaliation page and advise you on whether to request an immediate right-to-sue notice or allow the agency investigation to proceed. In many cases, requesting a right to sue and filing directly in court is faster and more effective than waiting for an agency investigation.

What Compensation Can You Recover in an Age Discrimination Case?

A successful age discrimination claim in California can recover:

• Back pay: Lost wages and benefits from the date of the discriminatory act to the date of judgment
• Front pay: Future lost earnings if reinstatement is not feasible
• Compensatory damages: Emotional distress, humiliation, and other non-economic harm caused by the discrimination
• Punitive damages: Available under FEHA for malicious or oppressive conduct — not available under the ADEA but available through state law claims
• Liquidated damages: Under the ADEA, willful violations entitle the plaintiff to liquidated damages equal to the back pay award (effectively doubling back pay)
• Attorney’s fees and costs: Both FEHA and the ADEA allow prevailing plaintiffs to recover attorney’s fees
• Reinstatement: A court order requiring your employer to rehire you, though this is often replaced by front pay in practice

Older Workers Benefit Protection Act (OWBPA) and Severance Agreements

If your employer offered you a severance package in exchange for a release of age discrimination claims, the Older Workers Benefit Protection Act (OWBPA) — an amendment to the ADEA — provides specific protections:

• You must be given at least 21 days to consider the agreement (45 days in a group layoff)
• You must be given 7 days after signing to revoke the agreement
• The waiver must specifically reference rights under the ADEA
• The waiver must be written in plain language you can understand
• You must be advised in writing to consult an attorney

If these requirements are not met, the waiver is not valid and you may still pursue age discrimination claims even if you signed a severance agreement. Our attorneys review all severance agreements for OWBPA compliance before you sign anything.

Age Discrimination Filing Deadlines in California

• FEHA claims: File with the CRD within three years of the discriminatory act
• ADEA claims: File with the EEOC within 300 days of the discriminatory act
• Lawsuit after right to sue: One year from the date the CRD issues the right-to-sue notice; 90 days from the EEOC notice

Important: Evidence in employment cases — internal communications, performance reviews, and witness accounts — can disappear quickly once employment ends. Contact an age discrimination lawyer in Los Angeles as soon as possible.

Why Choose Mesriani Law Group as Your Age Discrimination Lawyer in Los Angeles?

• Over 30 years representing employees in age discrimination and employment law cases throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep knowledge of FEHA, the ADEA, and the OWBPA and how each applies to your specific situation
• Experience with both individual and class action age discrimination claims
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi