California is teeming with tech jobs, from Silicon Valley to San Diego. The state’s vibrant tech sector is an important source of jobs and economic activity. But it can also be a place where older workers are overlooked, shortchanged, or even harassed.
Age discrimination is a persistent concern across tech employers who often lean heavily into “youth culture” in their workplaces by hiring waves of early-career employees and designing their work environments to cater to younger generations. Bias commonly shows up in the form of repeated rejections of experienced applicants, layoffs that disproportionately hit older engineers, and general comments about certain employees being “too senior.”
Fortunately, tech workers have strong protections against age discrimination under federal and state laws. These laws widely ban employers from taking employees’ age into account in hiring, firing, and a wide range of other decisions. It is vital for anyone working in the tech industry to understand their rights and how to enforce them.
At Justice Law Corporation, our California discrimination lawyers help working people fight back against age and other forms of bias on the job. We are seasoned employment attorneys who have dedicated our professional lives to these cases and have a significant track record of success.
Here is what you need to know about age discrimination in the tech sector and how to fight back.
Who is Protected From Age Discrimination?
Two laws ban age discrimination on the job in California: the federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA).
Both laws generally protect workers age 40 and older from age-based discrimination on the job. That includes banning age-based decisions about:
- Hiring
- Firing
- Pay
- Promotion
- Job assignments
- Training
The ADEA covers all employers in the U.S. with 20 or more employees. The FEHA covers employers with at least five employees. That lower threshold in California can be crucial for workers at small tech startups.
Workers alleging age discrimination often pursue claims under both laws. Employees can seek back pay, front pay, additional liquidated damages for willful violations, and attorneys’ fees. They can also request reinstatement to a job in certain situations.
The laws impose different deadlines on workers to file age discrimination claims. Employees in California have 300 days to file an ADEA complaint, but typically have 3 years to file a FEHA complaint.
Subtle Discrimination in Tech Jobs
Ageism, sadly, is alive and well in the tech sector. Recent cases against tech giants like Google and IBM have accused the companies of passing over older workers for new jobs and of targeting them for layoffs.
The U.S. tech workforce is younger than the overall workforce nationwide, according to data from the Equal Employment Opportunity Commission. About 41% of “high tech” workers are ages 25 to 39, compared to about 33% in the overall workforce.
Meanwhile, the share of workers aged 40 or older is declining. About 52% of the high-tech workforce is over 40, down from 52% over the last decade.
The laws prohibit some of the most common and obvious forms of discrimination. Employers cannot pass people over for jobs because they are deemed “too old,” for example. They also cannot use stereotypes – like that someone is too old to learn new tech – in making various job decisions.
The problem is that employment discrimination often lurks below the surface and can be difficult to spot. That is especially true in the tech industry, where subtle screening methods can disproportionately exclude older applicants or employees. Resume-age filters, job ads targeting “recent graduates,” and algorithms used to make layoff decisions all tend to work against older employees.
The age discrimination laws cover not only intentional bias, but also policies and practices that appear neutral on their face but have a disproportionate adverse effect on older workers. Employers in the latter situations have to be able to show that the policy or practice serves a legitimate business necessity.
What to Do If You Suspect Age Bias
Anyone who believes they have been discriminated against on the job because of their age can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Workers can also file a lawsuit alleging age discrimination after receiving a “right to sue” letter from the CRD or EEOC.
Age discrimination can be difficult to prove because it is often subtle. It is important to document everything. Save emails, calendars, performance reviews, job postings, and notes on conversations. File any HR complaints in writing and keep copies. And document the actual harm caused by the discrimination, from lost wages and reduced bonuses to out-of-pocket job search costs.
It is important to understand that the laws protect you from retaliation by your employer for complaining about age discrimination, filing claims with the CRD or EEOC, or pursuing a lawsuit. It also protects you from retaliation for taking steps to determine whether you have been discriminated against.
An experienced employment discrimination lawyer can help you gather the evidence and gauge whether you have a viable claim. At Justice Law Corporation, our California discrimination lawyers understand how bias can seep into workplaces and know how to investigate discrimination that is not obvious. We have a track record of success in taking on the tech industry, including securing a seven-figure recovery for a group of hourly workers at a social media company.
Our California Discrimination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or in other terms and conditions, you do not need to go it alone. A California discrimination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California discrimination lawyer.
