Age Discrimination Statute of Limitations in California

Understanding the statute of limitations for age discrimination claims in California is crucial for employees who believe they have been unfairly treated due to their age. This guide provides an overview of the timelines and procedures for filing such claims under California law.

What is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated less favorably because of their age. In California, it is illegal for employers to discriminate against individuals who are 40 years of age or older. This can include actions such as:

• Denying employment opportunities

• Terminating employment

• Denying promotions or raises

• Harassing an employee due to their age

Legal Protections Against Age Discrimination

California employees are protected from age discrimination under both federal and state laws:

• Federal Law: The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals who are 40 years of age or older.

• State Law: The California Fair Employment and Housing Act (FEHA) offers broader protections against age discrimination.

Statute of Limitations for Filing a Claim

The statute of limitations is the time limit within which a claim must be filed. Missing this deadline can result in the loss of your right to pursue legal action.

Federal Claims Under the ADEA

• Time Limit: Under the ADEA, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory act.

State Claims Under the FEHA

• Time Limit: Under the FEHA, you must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years of the alleged discriminatory act. This time frame is more generous compared to federal law.

Filing a Claim: Step-by-Step

If you believe you have been a victim of age discrimination, it is important to take the following steps promptly:

1. Document the Discrimination:

   • Keep detailed records of any incidents of discrimination, including dates, times, and descriptions of the events. Save any relevant emails, memos, or other documents.

2. Report Internally:

   • Report the discrimination to your Human Resources department or a supervisor. Follow your company's procedures for addressing workplace discrimination.

3. File with the DFEH:

   • If the issue is not resolved internally, file a complaint with the DFEH. You can file online, by mail, or in person. The DFEH will investigate the complaint and may attempt to resolve the issue through mediation.

4. Receive a Right-to-Sue Notice:

   • If the DFEH is unable to resolve the complaint, they will issue a "Right-to-Sue" notice. This notice allows you to file a lawsuit in civil court.

5. File a Lawsuit:

   • With the Right-to-Sue notice, you can file a lawsuit in California state court. You have one year from the date of the notice to file the lawsuit.

Seeking Legal Assistance

Navigating the complexities of age discrimination claims can be challenging. Consulting with an experienced employment law attorney can help ensure that your rights are protected and that you meet all necessary deadlines. An attorney can provide guidance on gathering evidence, filing complaints, and pursuing legal action.

Understanding the statute of limitations for age discrimination claims in California is essential for protecting your rights. If you believe you have experienced age discrimination, act promptly to document the incidents, report them internally, and file a complaint with the DFEH. For expert legal assistance, contact FairWork Legal Group.

If you need help with an age discrimination claim or have questions about your rights, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees from discrimination and ensuring justice in the workplace.