Los Angeles Age Discrimination Lawyer

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Age Discrimination · Los Angeles Employment Law

Law Offices of Todd M. Friedman, P.C.

(877) 619-8966

Age Discrimination Lawyer Serving Los Angeles Workers

Age discrimination in the workplace is common, often subtle, and frequently documented with the kind of electronic evidence that makes for a strong case. California law provides significant protections that go beyond what federal law requires, and the Los Angeles workforce has some of the highest age discrimination filing rates in the country.

The Law Offices of Todd M. Friedman represent employees 40 and older who were passed over for promotions, targeted in layoffs, forced into retirement, or fired because of their age in Los Angeles and the surrounding areas.

ADEA vs. California FEHA: Which Law Covers You

Feature ADEA (Federal) FEHA (California)
Protected class Age 40+ Age 40+
Employer size threshold 20+ employees 5+ employees
Compensatory damages cap Yes ($300K max combined) No cap
Punitive damages Not available Available for malicious conduct
Liquidated damages Yes (double back pay for willful) No
Filing deadline 300 days (in CA) 3 years
Where to file EEOC California CRD

EEOC Age Discrimination Data

Fiscal Year Age Discrimination Charges (National) Resolution Rate (Any Benefit)
FY 2021 12,965 ~18%
FY 2022 11,539 ~18%
FY 2023 13,820 ~18%

Source: EEOC Charge Statistics FY 2023

How Age Discrimination Typically Shows Up

  • A worker over 50 is laid off in a reduction in force while younger workers in the same department are retained
  • Performance reviews turn negative after a milestone birthday or a comment about retirement
  • Job postings for a replacement use language signaling a preference for younger workers
  • Younger, less-experienced workers are promoted ahead of workers with longer tenure and stronger records
  • A worker is excluded from training, new projects, or client-facing opportunities as the company shifts toward a younger team

Layoffs and Reduction in Force

Layoffs are frequently used to cut older, higher-paid workers under the cover of a business decision. If your employer laid off a disproportionate number of workers over 40, that statistical pattern is itself evidence of discrimination.

Under the Older Workers Benefit Protection Act (OWBPA), an employer asking you to waive age discrimination claims as part of a severance agreement must give you 21 days to consider it (45 days for a group layoff) and 7 days to revoke after signing. If those requirements were not met, the waiver may not be enforceable. Do not sign a severance agreement before speaking with an attorney.

If you were laid off because of your age, you likely have a wrongful termination claim in addition to the age discrimination claim. If you were pushed out through increasingly hostile conditions, a constructive discharge claim may also apply. If you complained about the discrimination and faced retaliation, see our page on retaliation claims.

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