As a reminder for employers in California, in May 2025, during Older Californians Month, the California Civil Rights Department (CRD) released a new fact sheet to raise awareness about workplace protections against age discrimination.

Under California’s Fair Employment and Housing Act (FEHA), it is illegal to discriminate against or harass job applicants and employees aged 40 and older. This applies to private employers with five or more employees and all public employers. Harassment protections apply to all employers.

• Hiring: Employers cannot exclude older candidates by using terms like “young and energetic,” “recent graduate,” or “digital native.” Asking for age, birthdate, or graduation year during hiring is also prohibited.

• Pay and Benefits: Employers may not offer lower wages or fewer benefits based on age or create policies that disproportionately affect older workers.

• Promotions and Layoffs: Age cannot be a factor in denying promotions, layoffs, or forced retirement. Performance-based decisions are allowed if not age-related.

• Harassment: Age-related jokes or comments (e.g., “Okay, Boomer”) that create a hostile work environment are unlawful if they are unwelcome and frequent or severe.

Legal Exceptions:

• Mandatory retirement in specific professions

• Age-based decisions when age is a genuine job requirement (e.g., casting a child actor)

Filling a Complaint: Complaints must be filed within 3 years of the incident and accommodations are available for individuals with disabilities.

For additional information:

• CRD Press Release – Age Discrimination New Fact Sheet
• CRD Age Discrimination Fact Sheet 

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