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Consequences of age discrimination in hiring practices

On Behalf of | Feb 21, 2025 | Discrimination

Age discrimination in hiring creates serious problems for both employees and employers. California law protects workers over 40 from unfair job denials based on age. When companies engage in discriminatory hiring, they risk legal action, financial penalties, and reputational harm.

Legal consequences for employers

California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) prohibit age-based hiring discrimination. Employers who violate these laws face lawsuits, fines, and mandatory changes to their hiring practices. Employees who prove discrimination can receive compensation for lost wages and emotional distress.

Impact on job seekers

Employers who favor younger candidates make it harder for experienced workers to find jobs. This leads to financial instability, delayed retirement, and stress. Many companies use coded language in job postings, such as “recent graduate” or “energetic,” to discourage older applicants. These tactics block qualified workers from positions that match their skills.

How companies try to avoid accountability

Some businesses justify age discrimination by claiming a younger candidate provided a “better fit.” Others rely on digital hiring tools that filter out older applicants based on graduation dates or work history. California law allows workers to challenge these unfair practices, especially when companies repeatedly reject older candidates despite strong qualifications.

Holding employers accountable

Workers who experience age discrimination can file complaints with the California Civil Rights Department (CRD) or take legal action. California law grants employees the right to recover lost wages, legal fees, and other damages when they prove discrimination.

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