The California Civil Rights Department (CRD) has released a newly updated Age Discrimination Fact Sheet, offering important clarification on what constitutes age-based discrimination in the workplace. Under California’s Age Discrimination Employment Laws, individuals aged 40 and older are legally protected from employment discrimination related to age under the Fair Employment and Housing Act (FEHA).
What Constitutes Age Discrimination in California?
This guidance highlights that age discrimination isn’t always obvious. It can show up subtly—through hiring preferences, workplace comments, or biased policies. The CRD notes that asking candidates how old they are, discounting applicants with extensive experience, or including terms in job listings that imply a desire for younger applicants can all violate age discrimination laws.
Employers are advised to steer clear of descriptions that favor youth, such as referencing someone who is “full of energy” or seeking individuals “just starting out in their careers.” Even phrases like “those who grew up with technology” can unintentionally exclude older applicants. Similarly, requiring a college email address or setting experience caps can be discriminatory.
The fact sheet also calls attention to inappropriate remarks that may seem casual but can contribute to a hostile work environment. Examples include comments implying someone has been around forever, or poking fun at their clothing or hairstyle as outdated. Repeated remarks such as “okay, Boomer” can also be considered harassment, depending on the context.
How to Avoid Age Discrimination as an Employer
California employers are encouraged to regularly review their job postings, workplace behavior, and internal policies to ensure they are inclusive of workers aged 40 and over. Staying current with the state’s mandatory harassment prevention training is also critical to reducing risk and maintaining a respectful work environment. Employers should also be aware that employees who believe they’ve experienced age discrimination or harassment can file formal complaints with the California Civil Rights Department (CRD), which may lead to investigations or enforcement actions. In some cases, individuals may request a “Right to Sue” notice and pursue legal action in court. The CRD’s updated fact sheet provides clear guidance to help employers stay compliant and avoid costly claims.
Stay Compliant with Age Discrimination Laws
HRDelivered is here to help. If you have questions about compliance — including compliance with California’s mandatory harassment training requirements — or need assistance reviewing your practices, reach out to your dedicated HR Consultant or email us at hr@hrdelivered.com.