Can I be fired for being too old? Here’s what California law says about age
From babysitting rules to tattoo restrictions, California has a range of age-based laws.
While California residents can legally start working at age 12, can you be too old to work?
Can your employer legally fire you once you reach a certain age?
Here’s what our journalists with How to California — a community-driven series to help readers navigate life in the Golden State — found:
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Can I be fired for being too old?
“Age discrimination involves treating an applicant or employee less favorably because of his or her age,” according to the U.S. Equal Employment Opportunity Commission.
The federal Age Discrimination in Employment Act protects workers 40 and older from being treated unfairly because of their age.
“Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40,” the federal agency said.
From hiring and firing to pay, promotions and benefits, the federal law makes it illegal to treat someone unfairly because of their age.
Am I a victim of age discrimination?
You might be facing age discrimination if you’re 40 or older and your age was a factor in being denied a job, fired, demoted or passed over for a benefit or promotion, according to Shouse California Law Group.
“Employers usually do not come right out and tell you that you are being discriminated against because of your age,” the Southern California law firm said.
According to the law firm, signs of age discrimination can include employers:
- Letting go of older or long-time employees
- Targeting higher-paid workers
- Assigning certain tasks to only older employees
- Pressuring older staff to retire
- Making jokes or negative comments about age
- Giving older workers unfairly poor performance reviews
- Promoting a “young” company culture or only hiring younger staff
- Excluding older employees from training or access to tools
- Creating policies that unfairly impact older workers, “such as banning employees from having gray hair”
While it is legal for an employer to ask your age, Shouse California Law Group said, “It is unlawful to use an application or pre-employment inquiry to reject you because you are 40 years old or older.”
What can I do if I think I’m being discriminated against?
If you suspect you are a victim of age discrimination for being 40 or older, you can file a complaint with the California Civil Rights Department.
You can also file a complaint with the federal Equal Employment Opportunity Commission.
This story was originally published June 12, 2025 at 5:00 AM with the headline "Can I be fired for being too old? Here’s what California law says about age."
