Updated December 22, 2025
Does Age Discrimination Cover Young People or Only Older People?
Age discrimination is a significant concern in the workplace, particularly in California, where laws are designed to protect employees from unfair treatment based on their age. However, a common question arises: Does age discrimination in California cover discrimination against young people, or is it solely focused on older individuals? This article will explore the nuances of age discrimination laws in California, focusing on the protections available for both older and younger workers.
The Legal Framework of Age Discrimination
Federal Protections: The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits age discrimination against individuals who are 40 years of age or older. This law applies to various aspects of employment, including hiring, promotions, job assignments, and terminations. Importantly, the ADEA does not extend its protections to younger workers, meaning that individuals under the age of 40 are not covered by this federal legislation.
California’s Fair Employment and Housing Act (FEHA)
In California, the Fair Employment and Housing Act (FEHA) provides broader protections against age discrimination. Under FEHA, individuals who are 40 years old or older are protected from discrimination in employment, housing, and public accommodations. Similar to the ADEA, FEHA does not explicitly protect younger workers from age discrimination. However, it does prohibit harassment based on age, which can include derogatory comments or jokes about younger employees.
Summary of Protections
| Law | Age Group Protected | Key Provisions |
|---|---|---|
| ADEA | 40 years and older | Prohibits discrimination in employment |
| FEHA | 40 years and older | Prohibits discrimination and harassment in employment, housing, and public accommodations |
Understanding Age Discrimination Against Younger Workers
Are Younger Workers Protected?
While the ADEA and FEHA primarily focus on protecting older workers, younger employees may still experience discrimination based on their age. For instance, if an employer consistently favors older candidates over younger ones, this could create a hostile work environment for younger employees. However, the legal recourse for younger workers facing age discrimination is limited compared to their older counterparts.
Examples of Age Discrimination Against Younger Workers
- Hiring Practices: If a company advertises for "young and energetic" candidates, this could be seen as discriminatory against younger applicants who may not fit that description.
- Promotion Opportunities: If younger employees are consistently overlooked for promotions in favor of older employees, this could create a perception of bias.
- Workplace Harassment: Younger employees may face derogatory comments or stereotypes about their age, which can contribute to a hostile work environment.
The Impact of Age Discrimination on Younger Workers
Psychological Effects
Experiencing age discrimination can have significant psychological effects on younger workers. They may feel undervalued, disrespected, or marginalized in the workplace. This can lead to decreased job satisfaction, lower morale, and even mental health issues such as anxiety or depression.
Career Advancement Challenges
Younger employees may also face challenges in career advancement due to age discrimination. If employers favor older candidates for promotions or leadership roles, younger workers may find it difficult to progress in their careers, leading to frustration and potential turnover.
Legal Recourse for Younger Workers
Limited Protections
While younger workers do not have the same level of protection under federal and state laws as older workers, they can still pursue legal action in certain situations. For example, if a younger employee can demonstrate that they were discriminated against based on age in a way that violates other anti-discrimination laws (such as race or gender), they may have grounds for a claim.
Seeking Legal Advice
Younger workers who believe they are experiencing age discrimination should consider consulting with an employment attorney. An experienced lawyer can help assess the situation, determine if there are grounds for a claim, and guide the employee through the legal process.
The Role of Employers in Preventing Age Discrimination
Creating an Inclusive Workplace
Employers play a crucial role in preventing age discrimination in the workplace. By fostering an inclusive environment that values employees of all ages, companies can mitigate the risk of discrimination claims. This includes implementing fair hiring practices, providing equal opportunities for advancement, and promoting a culture of respect.
Training and Awareness
Employers should also invest in training programs that educate employees about age discrimination and its impact. By raising awareness of the issue, organizations can help prevent discriminatory behaviors and create a more supportive workplace for all employees.
Conclusion: The Need for Comprehensive Protections
In summary, while age discrimination laws in California primarily protect individuals aged 40 and older, younger workers can still face challenges related to age bias. The lack of explicit protections for younger employees highlights the need for a more comprehensive approach to age discrimination in the workplace. By understanding their rights and seeking legal assistance when necessary, both older and younger workers can advocate for fair treatment and a more equitable work environment.
If you believe you have experienced age discrimination in your workplace, it is essential to take action. Consulting with an experienced employment attorney can help you navigate the complexities of age discrimination laws and ensure that your rights are protected. Remember, every employee deserves to work in an environment free from discrimination, regardless of their age.
Call Setyan Law at (213)-618-3655 for a consultation.
