The California Fair Employment and Housing (“FEHA”) prohibits discrimination on the basis of age. In order to prove a claim for discrimination claim under the FEHA, a plaintiff must demonstrate the following: (1) they were over forty years of age at the time the discrimination occurred; (2) they were performing competently in the position their held; (3) they suffered an adverse employment action, such as a termination, demotion or denial of an available job; and (4) some other circumstances suggesting discriminatory motive. See Guz v. Bechtel National, Inc.(2000) 24 Cal. 4th 317.
Age discrimination occurs when an employee is treated less favorably due to their age. An employee can be treated less favorably at any stage of the employment process including when they are hired or terminated. However, it’s important to note that it is not illegal for an employer to treat older worker more favorably as compared to younger ones.
Learn more about [state] and [federal] age discrimination law.