Summary of Video Content on California Age Discrimination in Employment Laws

• [00:10 → 01:20] Overview of Age Discrimination Laws
  • The primary California law governing age discrimination is the California Fair Employment and Housing Act (FEHA), Section 12940(a).
  • It prohibits employers from taking adverse employment actions (like firing or failing to hire) based on an employee’s age.
  • There is also a federal law, the Age Discrimination in Employment Act (ADEA), but California lawyers prefer suing under FEHA since it is more powerful.
  • The Older Workers Benefit Protection Act (OWBPA) is a federal law that mainly affects settlement or severance agreements for employees over 40, giving them specific rights to consider and rescind agreements after signing. This video does not focus on OWBPA details.

• [01:20 → 02:32] Defining Age Discrimination
  • Age discrimination under California law means taking adverse actions against employees because of their age. This often means termination, failure to hire, or demotion.
  • The law primarily protects employees over 40 years old; those under 40 (e.g., 39) have limited or no protection under age discrimination claims.
  • The substantial motivating reason for the adverse action must be age, even if other legitimate reasons exist. For example, an employer may cite poor performance but if age was the main reason, the law is violated.
  • Evidence sought in age discrimination cases includes:
    • Age-related comments like “When are you going to retire?” or “You’re getting slow.”
    • Workforce age demographics—if mostly young employees are retained and older employees fired, this may indicate discrimination.

• [02:32 → 04:29] Age Harassment vs. Age Discrimination
  • Age harassment is also prohibited under FEHA Section 12940.
  • Harassment differs from discrimination in that it involves treating employees poorly because of age, e.g., name-calling (“old guy,” “old lady”), derogatory comments about speed or capability, or repeated insults.
  • To qualify legally as harassment, the treatment must create a hostile work environment by being severe or pervasive:
    • Severe: Objectively significant enough to affect a reasonable person.
    • Pervasive: Occurs repeatedly over time, not isolated incidents.
  • Example of severe harassment cited: a plaintiff had plastic bags placed over her head and a rope around her neck, coupled with age-related insults, constituting an extreme hostile work environment.
  • Most harassment cases are less extreme but still require multiple occurrences or severity to meet legal standards.

• [04:29 → 06:40] Common Patterns in Age Discrimination Cases
  • Common age discrimination scenarios include:
    • “Young blood” hiring policies — unofficial or explicit preferences for younger workers, sometimes evidenced by emails or texts.
    • Phasing out older, more expensive employees under the guise of cost-cutting, which may mask age discrimination if age is the main reason.
    • Terminating or targeting employees perceived as “slow” or unable to keep up, often accompanied by comments like “When are you going to retire?” or “You should have retired years ago.”
    • Persistent derogatory nicknames such as “old lady,” “grandpa,” or “grandma” that contribute to a hostile workplace atmosphere.
  • These examples illustrate typical age discrimination and harassment claims seen routinely by employment lawyers.

• [06:40 → 08:34] Remedies and Considerations for Victims of Age Discrimination
  • If you believe you are a victim of age discrimination, you might consider legal action, but it is important to weigh the potential benefits and challenges.
  • Three main types of remedies in age discrimination lawsuits:
    

    Remedy Type	Description
    Economic Damages	Compensation for lost wages and benefits due to wrongful termination or failure to hire.
    Emotional Distress Damages	Compensation for pain, suffering, and emotional harm caused by discrimination or harassment.
    Punitive Damages	Additional damages awarded if discrimination was proven with malice, oppression, or fraud to punish the offender.

  • The amount of compensation is highly variable and unpredictable because:
    • Cases differ widely in facts and severity.
    • Most cases settle confidentially, leaving little public data on typical awards.
  • The speaker emphasizes the importance of finding a trustworthy, dedicated employment lawyer who will fully invest in the case, increasing the likelihood of a satisfactory financial outcome.

Key Insights and Conclusions

• California’s FEHA Section 12940(a) offers robust protection against age discrimination for workers over 40.
• The substantial motivating reason for adverse employment actions must be age for a successful claim.
• Age harassment requires repeated or severe conduct that creates a hostile work environment, not just isolated or mild comments.
• Common discriminatory practices include covert “young blood” hiring preferences, targeting older higher-paid employees, and persistent derogatory remarks about age or capability.
• Remedies include economic losses, emotional distress, and potentially punitive damages—though outcomes are case-specific and not easily predicted.
• Legal advice from an experienced employment lawyer is crucial for navigating these cases effectively.