Los Angeles Age Discrimination Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
California and federal law prohibit employers from firing, demoting, refusing to hire or promote, or otherwise discriminating against employees in the terms and conditions of employment because they are 40 or older. Age discrimination is often less obvious than other kinds of discrimination. It tends to appear in a reorganization that eliminates mostly older employees, in a replacement who is much younger and paid less, or in pressure to retire. If you were let go or pushed out and age appears to have played a part, you may have a claim under the California Fair Employment and Housing Act (FEHA), the federal Age Discrimination in Employment Act (ADEA), or both.
Rise Law Firm represents employees in age discrimination cases throughout Los Angeles and California, including executives, senior managers and long-tenured employees. We represent employees only.
Who is protected?
Both laws protect employees and job applicants who are 40 or older (Gov. Code § 12926(b); 29 U.S.C. § 631(a)). FEHA applies to California employers with five or more employees (Gov. Code § 12926(d)). The ADEA applies to private employers with 20 or more employees. The 20-employee minimum does not apply to public employers: state and local government employers are covered regardless of size (Mount Lemmon Fire Dist. v. Guido (2018) 586 U.S. 1), and FEHA also covers public employers of any size. Because FEHA reaches smaller employers and allows broader damages, most California age cases are brought under FEHA.
Age does not have to be the only reason for the decision. Under FEHA, an employee can prevail by showing that age was a substantial motivating reason for it, even if the employer also had other reasons.
California law also addresses a common cost-cutting practice. Using salary to decide who is let go can be age discrimination when it falls more heavily on older workers as a group (Gov. Code § 12941). Many older employees are paid more because of their experience and years of service, so a layoff aimed at the highest salaries often removes them first.
Common age discrimination situations
These are the situations we see most often:
- Layoffs and reorganizations that fall mostly on older employees. A restructuring is a lawful reason to let people go, but not a cover for choosing them by age. Who was selected, who decided, and what happened to the work afterward are often the key questions.
- Replacement by a younger, lower-paid employee. When an employer says a position was eliminated and then gives the same duties to someone much younger, that is strong evidence that the stated reason is not the real one.
- Executives pushed out after a merger, acquisition or leadership change. New leadership sometimes wants a “fresh” or “next-generation” team. Senior employees are then moved aside, given unrealistic goals, or told their roles no longer exist.
- Pressure to retire. Repeated questions about retirement plans, suggestions that it is “time to move on,” or forced retirement are generally unlawful, with narrow exceptions.
- Age-related comments. Remarks such as “dinosaur,” “not a culture fit,” “we need new energy,” or comments about being slow with technology can be evidence of bias, especially when made by the people involved in the decision. The California Supreme Court has held that such remarks should be considered along with the other evidence rather than disregarded as “stray remarks” (Reid v. Google, Inc. (2010) 50 Cal.4th 512).
- Being passed over for promotion or hiring in favor of younger candidates, including job postings that seek “recent graduates” or “digital natives.”
Employers often point to performance, cost savings, or a new business direction. The evidence that matters most is usually timing, the ages of those selected and those kept, a sudden change in reviews, and explanations that shift over time.
Severance agreements and age discrimination claims
Many employees 40 and older are offered severance in exchange for signing a release of claims. Before you sign, it is worth knowing that federal law sets specific requirements for a release of age discrimination claims. Under the Older Workers Benefit Protection Act, a release of ADEA claims is valid only if it is knowing and voluntary, which generally requires that (29 U.S.C. § 626(f)):
- The agreement is written in plain language and specifically refers to rights under the ADEA
- It does not waive claims that arise after you sign
- You receive something of value beyond what you are already owed
- You are advised in writing to consult a lawyer
- You are given at least 21 days to consider it, or 45 days if the offer is part of a group layoff or exit program
- You have 7 days after signing to revoke it
In a group layoff or exit program, the employer must also provide information about the job titles and ages of the employees who were selected and those who were not. That list can itself show whether older employees were singled out.
California law separately requires an employer offering a severance agreement to tell the employee of the right to consult a lawyer and to allow at least five business days to do so (Gov. Code § 12964.5(b)(4)).
Once signed and the revocation period has passed, a release usually ends the claims it covers. If you believe age played a part in your termination, speak with an employment lawyer before you sign.
Deadlines (statutes of limitations) and compensation
The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.
| Claim | Deadline |
|---|---|
| FEHA age discrimination, retaliation | File a complaint with the California Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice |
| Federal ADEA | File with the EEOC within 300 days (the deadline for California employees) |
| Wrongful termination in violation of public policy | 2 years |
| Public employers | Non-FEHA claims generally require a government claim within 6 months |
Depending on the facts, compensation under FEHA can include lost wages and benefits, future lost earnings, and emotional distress damages. Punitive damages may be available where the employer acted with malice, oppression, or fraud, although public entities are not liable for punitive damages (Gov. Code § 818). FEHA allows a prevailing employee to recover attorney’s fees. For senior employees, lost compensation can also include bonuses, commissions, equity and retirement benefits.
The ADEA allows back pay and, for willful violations, an equal amount in liquidated damages, but it does not allow emotional distress or punitive damages. This is another reason most California age cases include FEHA claims.
Frequently asked questions
My employer said my position was eliminated. Can I still have an age claim?
Yes. A layoff or reorganization does not prevent an age claim if age played a substantial part in who was chosen. Evidence that the duties were given to a younger employee, or that mostly older employees were selected, can show the stated reason is not the real one.
I was replaced by someone younger but still over 40. Is that age discrimination?
It can be. What matters is whether your age was a substantial motivating reason for the decision, not whether your replacement was under 40. A significantly younger replacement can still be evidence of age bias.
My employer offered severance if I sign a release. Should I sign it?
If you believe age played a part in your termination, speak with a lawyer before you sign. A signed release usually ends the claims it covers, including age claims once the 7-day revocation period passes. If you were 40 or older, federal law gives you at least 21 days to consider the agreement, or 45 days in a group layoff.
Can my employer ask when I plan to retire?
A neutral question about future plans is not unlawful by itself. Repeated questions, pressure to retire, or a decision that follows your answer can be evidence of age discrimination.
My employer has fewer than 20 employees. Am I still protected?
Yes, if it has five or more. FEHA applies to private employers with five or more employees, even though the federal ADEA requires 20. If you work for a public employer, such as a city, county, or school district, both laws apply regardless of the number of employees.
Talk to a Los Angeles age discrimination lawyer
Rise Law Firm represents employees throughout California in age discrimination, wrongful termination, and executive employment cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.
If you were laid off, replaced, or pushed out and believe your age played a part, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our executive wrongful termination, wrongful termination, and retaliation pages.
This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.