If you're 40 or older and your employer treated you worse because of your age, an age discrimination lawyer can tell you whether you have a claim. Age bias is real, and it's often hidden behind words like "restructuring" or "culture fit." Kingsley Szamet Employment Lawyers represents employees in age discrimination cases, and your first consultation is free. This page is part of our guide to workplace discrimination.

Is age discrimination over 40 against the law?

Yes. The federal Age Discrimination in Employment Act (ADEA) bars employers from treating you worse because of your age if you're 40 or older. It covers employers with 20 or more employees, plus state and local governments. Workers in this over 40 protected class are covered in hiring, pay, assignments, promotions, training, benefits, layoffs, and firing.

It protects job applicants, not just current employees. But it doesn't protect workers under 40. A 35-year-old passed over for a 28-year-old doesn't have an age claim under federal law.

Employers also can't retaliate against you for complaining about age bias or helping a coworker who did.

Signs of age discrimination in hiring and on the job

Age bias often shows up in small ways. Watch for these signs.

• Job ads that ask for "digital natives" or "recent college graduates," or that state an age range.

• Interviewers who call you "overqualified" for a job you can do, or who ask when you plan to retire.

• Recruiters who steer you toward lower-level jobs.

• Losing big assignments, or being left out of meetings and training.

• Jokes about your age, or comments like "we need fresh blood."

• Good reviews that turn bad after years of strong work.

• Pressure to retire, or an early retirement offer with a deadline.

One comment may not be enough. A pattern of comments, plus a bad job decision, often is.

Layoffs, forced retirement, and older employee wrongful discharge

Many age cases start with a layoff. Employers may say they're cutting costs, but then keep younger workers who earn less. That can be age discrimination, even if no one said a word about age. A neutral policy can also be illegal if it hurts workers over 40 and the employer can't show a reason other than age.

Employers can't force you to retire at a set age, with very few exceptions. If you were fired and replaced by someone younger, you may have a claim for older employee wrongful discharge. Our page on wrongful termination explains how those cases work.

Be careful with severance. When an employer offers money to leave, the agreement often asks you to give up your age claim. Federal law sets rules for those waivers, including time to think it over. Have a lawyer read it before you sign.

How to prove age discrimination

You have to show that age was the real reason for the employer's decision. Courts call this "but-for" cause. That's a high bar, because employers rarely say it out loud. Cases are often built from facts like these:

• A younger worker got your job, or took over your duties.

• You had good reviews until a manager started making age-related comments.

• The employer's reasons changed over time.

• Layoffs hit workers over 40 more than younger workers in the same unit.

• Managers used coded phrases about "energy," "fit," or "long-term potential."

Start a timeline now. Write down dates, names, and exact words. Save reviews, emails, and job ads. Check your handbook for the complaint process, and follow it if you can. Then talk to a lawyer before you take big steps.

How an age discrimination lawyer helps you

• We review your records, reviews, emails, and any severance offer.

• We compare who was kept and who was cut, and look at their ages.

• We file your charge with the EEOC or the California Civil Rights Department and watch the deadlines.

• We negotiate with the employer's lawyers and sue when needed.

Some older workers also have health conditions that get worse at work, and an employer may refuse to adjust. That can add a claim under disability discrimination law.

Deadlines and what you can recover

Most federal age claims start with an EEOC charge. You generally have 180 days from the discriminatory act, or 300 days in California. You can sue 60 days after you file, even without a right-to-sue letter. Once the EEOC closes the case and sends a notice, you usually have 90 days to sue.

Under the ADEA, you can recover back pay and front pay. If the employer broke the law on purpose, you can recover an extra amount equal to your back pay. Federal age claims don't allow emotional distress damages. California claims can, as explained below. See how much you can get from a discrimination lawsuit.

California adds more protection for older workers

California's Fair Employment and Housing Act (FEHA) also protects workers 40 and older. It covers employers with five or more employees, and you have three years to file with the Civil Rights Department. FEHA claims can include emotional distress and punitive damages. Read our guide to California discrimination law and remedies.

When to call an age discrimination lawyer

Call as soon as you suspect age is behind a layoff, firing, or demotion. Call before you sign any severance agreement. Call if your employer asked you to retire or offered you a "voluntary" package. The sooner you call, the easier it is to save emails and find witnesses.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.

We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.

Frequently asked questions

Is over 40 a protected class?

Yes. The ADEA and California law both protect workers who are 40 or older. Your employer can't use your age against you in hiring, pay, promotion, layoffs, or firing.

What is age discrimination at work?

It's unfair treatment because of your age. It includes being fired, laid off, demoted, or passed over for training or promotion. It also includes jokes and pressure to retire.

Can I sue if I was laid off, not fired?

Yes. A layoff can be age discrimination if the employer targeted older workers or kept younger ones who were less qualified. An age discrimination lawyer can compare who was cut and who stayed.

Can an employer make me retire at a certain age?

Almost never. Federal law bars forced retirement based on age, with a few narrow exceptions for certain jobs. If you were pushed out, talk to a lawyer before you sign anything.

How long do I have to file an age discrimination claim?

A federal EEOC charge generally has a 180-day deadline, which extends to 300 days in California. The California Civil Rights Department gives you three years. Don't wait, because evidence fades.

How much does an age discrimination attorney cost?

At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.