California’s Fair Employment & Housing Act (“FEHA”) protects employees in the workplace from being discriminated on the basis of age. It is an unlawful employment practice for an employer, or any other person, to harass an employee because of “…age…” (Gov. Code, § 12940, subd. (j)(1).) Where discrimination refers to bias in the exercise of official actions on behalf of the employer, harassment refers to bias that is expressed or communicated through interpersonal relations in the workplace.
The FEHA’s age harassment prohibition applies only to employees who have reached the age of 40. (Gov. Code, § 12926, subd. (b).) FEHA also outlaws harassment based on an employee’s age if the employer believes the employee is 40 years old or older, even if the employee is actually younger than 40 years of age. (See Gov. Code, § 12926, subd. (n).) To give rise to liability, an employee must be subject to discriminatory intimidation, ridicule or insult that is sufficiently severe or pervasive so as to alter the conditions of employment and create an abusive work environment.
Harassment can take the following forms ‘[v]erbal harassment, e.g., epithets, derogatory comments or slurs . …’ (Cal. Code Regs., tit. 2, § 7287.6, subd. (b)(1)(A).) California case law provides the following examples supporting a claim of age harassment:
- Company director’s statement she was disgusted when “she saw ‘an old fart’ on television without a shirt;
- Human resources head stated placement of “old farts” in organization was difficult;
- Statements to the effect that “older” employees are not promotable; and
- Written and/or witness information to corroborate the above statements.
If you have been harassed because of your age and terminated by your employer because of your age, you should immediately contact a qualified Los Angeles wrongful termination attorney. The Law Offices employs experienced Wrongful Termination Attorneys to represent employees faced with age harassment in the workplace. Contact the firm today for your free consultation.
