US-CaliforniaDoes California law protect me from age discrimination at work?
Yes, California law strongly protects workers aged 40 and older from age discrimination in hiring, firing, promotion, pay, and other employment terms.
What the Law Says
California’s Fair Employment and Housing Act (FEHA) is the primary law prohibiting age discrimination in employment. It applies to employers with five or more employees and covers all aspects of employment—including hiring, firing, compensation, job assignments, promotions, and training.
FEHA makes it illegal for employers to discriminate against individuals aged 40 or older because of their age. Unlike federal law (the ADEA), FEHA applies to smaller employers (5+ employees vs. 20+ under federal law) and allows for broader remedies, including uncapped emotional distress and punitive damages.
The law also prohibits harassment based on age and retaliation against employees who oppose age discrimination or file a complaint.
Statutory TextIt shall be an unlawful employment practice… for an employer… to refuse to hire or employ a person… or to bar or to discharge a person from employment… because of the age of the person.
— Gov. Code § 12940(a) — Unlawful practices
Statutory TextThis part does not prohibit an employer from refusing to hire or discharging an individual over the age of 40 years where the individual's age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business.
— Gov. Code § 12941.1 — Bona fide occupational qualification
What Courts Have Said
California courts have consistently reinforced strong protections for older workers under FEHA, interpreting it more broadly than federal age discrimination law.
Held that individual supervisors cannot be held personally liable for age discrimination under FEHA—only the employer can be sued—clarifying liability boundaries.
Confirmed that FEHA’s age discrimination provisions apply even when an employer replaces an older worker with someone only slightly younger—as long as both are over 40—rejecting the 'substantially younger' standard used under federal law.
What to Do
Document incidents: Save emails, performance reviews, witness names, and dates of discriminatory comments or actions.
File a complaint with the Civil Rights Department (formerly DFEH) within one year of the last act of discrimination.
Request a Right-to-Sue notice from CRD; you may then file a lawsuit in California state court.
Consult an employment attorney early—many offer free consultations and may take cases on contingency.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.