How California Law Protects Employees From Age Discrimination In Pay

As an age discrimination attorney in California, I’ve seen hardworking professionals face unfair treatment solely because of their age. Whether it’s being passed over for raises, given lower starting pay, or forced to train younger replacements for less money, these practices are not just unethical—they may be illegal. In California, state and federal laws protect employees age 40 and older from wage discrimination based on age. If you suspect your employer has paid you less because of your age, you may have legal grounds to take action. Understanding your rights and responsibilities is the first step toward protecting your future.

California’s Legal Framework For Protecting Older Workers

California has some of the strongest employee protections in the country, particularly when it comes to age discrimination. The key state law governing this issue is the California Fair Employment and Housing Act (FEHA), found under California Government Code Section 12940(a). FEHA prohibits employers from paying older workers less than younger workers for doing substantially similar work unless the employer can show a legitimate, non-discriminatory reason for the pay difference.

On the federal level, the Age Discrimination in Employment Act (ADEA), codified at 29 U.S.C. Section 621, also prohibits wage discrimination against individuals who are 40 years of age or older. While both laws offer important protections, California law often provides broader remedies and stricter standards, making it especially powerful for employees in this state.

How Pay Discrimination Can Occur

Pay discrimination based on age can take many forms. An older worker may be hired at a lower salary than a younger counterpart doing the same job. A long-term employee may receive lower annual raises compared to younger staff with less experience. Employers may also deny bonuses, shift desirable assignments, or implement policies that appear neutral but disproportionately impact older employees.

California law requires that employees performing substantially similar work under similar working conditions be paid equally, regardless of age. This is reinforced by California’s Equal Pay Act, found under Labor Code Section 1197.5. While originally enacted to address gender-based wage gaps, this statute also helps support age-based claims when older workers are paid less than younger workers for comparable roles.

Evidence Used To Prove Wage Discrimination

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To build a strong age-based pay discrimination claim, documentation and comparison are key. I help my clients gather job descriptions, performance evaluations, wage statements, and internal salary comparisons. If an older employee is earning less than a younger co-worker in the same role, we ask the employer to provide a legitimate explanation. If they can’t justify the difference with seniority, merit, or other objective criteria, the pay disparity could violate the law.

Witness testimony, internal HR emails, or statements made by supervisors can also strengthen a claim. In some cases, statistical patterns within a company’s payroll records can reveal age-based disparities. When I represent clients, I dig deep into the facts to uncover evidence and build a compelling argument.

Employer Defenses And Burden Of Proof

In an age-based pay discrimination case, once an employee demonstrates a disparity exists, the burden shifts to the employer to prove the pay difference is based on something other than age. They may argue it’s due to performance, education, specialized skills, or seniority. If they can’t support their claim with solid evidence, the law allows employees to pursue compensation and legal remedies.

California law also protects employees from retaliation for filing a complaint or participating in a wage discrimination investigation. Under Government Code Section 12940(h), it is illegal for an employer to fire, demote, or discipline someone for asserting their legal rights.

How Leave Policies Can Mask Discrimination

Another area I pay close attention to is leave policies. While not directly related to pay, employers may use attendance or leave history as a proxy to justify paying older workers less. California’s Leave of Absence laws under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) protect workers from being penalized for lawful absences due to medical conditions or family care responsibilities. If an employer penalizes older workers for taking protected leave while rewarding younger workers who haven’t, this pattern may support an age discrimination claim.

Frequently Asked Questions About Age Discrimination In Pay In California

What Laws Protect Me From Age-Based Pay Discrimination In California? 

Both the California Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) prohibit employers from paying older workers less based on age. California’s Equal Pay Act under Labor Code Section 1197.5 also supports claims when employees are paid unfairly for substantially similar work.

Does California Law Protect Employees Over 40 From Pay Discrimination? 

Yes. Both state and federal laws specifically protect employees who are 40 years of age or older. Employers cannot legally pay you less or treat you differently in compensation decisions because of your age.

How Do I Know If I Have A Case For Pay Discrimination Based On Age? 

If you are over 40 and believe you’re being paid less than a younger employee doing similar work, you may have a claim. A lawyer can help you compare wages, analyze job duties, and determine if there’s enough evidence to move forward.

What Kind Of Evidence Do I Need To Prove Pay Discrimination? 

Useful evidence includes job descriptions, pay records, performance reviews, internal emails, and witness statements. Showing a clear pay gap between older and younger workers doing similar work without a valid justification can support your case.

What If My Employer Says The Pay Difference Is Due To Performance? 

Employers can defend against wage claims by citing performance or experience, but they must be able to prove it. If performance reviews are similar and there’s no objective basis for the difference, their defense may not hold up under scrutiny.

Can I Be Fired For Reporting Age-Based Wage Discrimination? 

No. California law protects employees from retaliation under Government Code Section 12940(h). If your employer retaliates against you for reporting discrimination, you may have an additional legal claim.

How Long Do I Have To File A Claim For Age Discrimination In Pay? 

Under California law, you generally have three years to file a complaint with the Department of Fair Employment and Housing (DFEH) from the date of the violation. Federal claims under the ADEA must usually be filed with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days, depending on the circumstances.

Can I File A Claim If I’m Still Employed? 

Yes. You do not have to quit your job to file a claim. Many employees bring claims while still employed, and California law prohibits employers from retaliating against you for standing up for your rights.

Contact The Law Office Of Joseph Richards, P.C. For Exceptional Legal Help 

If you believe you’ve been paid unfairly because of your age, I’m here to help. At Law Office of Joseph Richards, P.C., I represent employees throughout California who have experienced age discrimination in compensation. Let’s review your situation and determine whe the best way to move forward.

You deserve to be paid fairly for your work, regardless of your age. Contact the Orange County age discrimination attorney at Law Office of Joseph Richards, P.C. by calling (888) 883-6588 to receive your free consultation. I represent clients across the entire state of California and am ready to stand up for client rights.