California Age Discrimination laws & HR compliance analysis

California Age Discrimination: What you need to know

The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on age against applicants, employees, unpaid interns, or volunteers by all public employers and private employers with five or more employees. It includes discrimination based on a perception that a person is a member of a protected class, or is associated with a person who is, or is perceived to be, a member of a protected class. FEHA's prohibitions on age discrimination are limited to individuals 40 years of age or older (CA Gov. Code Sec. 12941). An employer or employment agency is not prohibited from making age inquiries of employment applicants or specifying age limitations for employment where required by law.
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Under FEHA, it is an unlawful employment practice for an employer to:
• Refuse to hire or to discharge any individual 40 years of age or older on the basis of age, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
• On the basis of age, refuse to select a person for an apprenticeship or other training program leading to employment or to bar or discharge the person from a training program leading to employment.
• Harass an employee, applicant, unpaid intern, volunteer, or independent contractor on the basis of age.
• Fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
• Print or circulate any publication or to make any inquiry, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to age
• Discharge, expel, or otherwise discriminate against any person who has opposed any practices forbidden under FEHA or who has filed ...

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