You have spent decades building your career. You have experience, institutional knowledge, and a track record that no younger employee can replicate. And then, gradually or all at once, something changes. You are passed over for promotions. Projects are reassigned. Comments start appearing about "new blood" and "fresh energy." Or you are simply terminated — and your replacement is twenty years younger with half your qualifications.
What you are experiencing has a name: age discrimination. And in California, it is completely illegal.
My name is Arlo Uriarte. I am an employment attorney at Liberation Law Group and I have spent over 30 years filing age discrimination cases on behalf of workers in San Francisco, San Jose, Oakland, and throughout Northern California. We are a plaintiff's firm — we file cases, we fight for workers, and we do not defend employers. Our office is at 2760 Mission Street in the Mission District, three minutes from 24th Street BART. We speak Spanish, we know our community, and we know exactly how to prove age discrimination before a Bay Area jury.
If you believe you are being treated differently because of your age, call today for a free consultation in Spanish or English. No cost, no obligation, regardless of immigration status.
What Is Age Discrimination? California Law vs. Federal Law
Age discrimination occurs when an employer makes an unfavorable employment decision — refusing to hire, terminating, failing to promote, reducing responsibilities, or creating a hostile work environment — based on a worker's age when they are 40 or older.
In California, workers are protected by two overlapping laws that together create some of the strongest age discrimination protections in the country:
The most important distinction: under federal ADEA you must show age was the "but for" — the determining — cause of the employer's decision. Under California's FEHA, you only need to show that age was "a motivating factor." That is a significantly easier standard to meet, and it results in more cases won for California workers.
Learn more about all types of employment discrimination protected under California's FEHA.
The Clearest Signs of Age Discrimination at Work
Age discrimination rarely comes with a direct confession. Employers do not say "we are firing you because you are too old." What they do instead — consistently, in cases we have filed across San Francisco, Oakland, and the Bay Area — follows recognizable patterns.
30+ years filing age discrimination cases in San Francisco and the Bay Area. No fee unless we win.
1-888-442-2642 or request your free case evaluation hereAge Discrimination in San Francisco — What We See by Industry
Technology and Startups — SoMa, South Bay, Silicon Valley
San Francisco and Silicon Valley have one of the most openly ageist workplace cultures in the country. Tech companies in SoMa — near the Moscone Center and the streets between Howard and Folsom — and the corporate campuses of Mountain View, Palo Alto, and Sunnyvale frequently show systematic preference for younger workers. Layoffs that disproportionately affect employees over 45 are one of the most common patterns we see. We also see "performance improvement plans" designed to create paper trails justifying terminations that were already decided on the basis of age.
Restaurants and Hospitality — Mission District, North Beach, Union Square
Many restaurants in the Mission District, in North Beach near Washington Square Park, and in the hotels around Union Square explicitly seek a "younger image" — especially in front-of-house roles like reception, service, and floor management. Women over 40 in these industries are especially vulnerable because they face gender discrimination and age discrimination simultaneously, compounding both the harm and the available damages.
Construction and Trades — Bayview-Hunters Point, Mission Bay
At construction sites in Bayview-Hunters Point and Mission Bay near Chase Center, some contractors assume older workers "can't handle" the physical demands — without any evidence of decreased performance. That assumption is age discrimination. Experience in the trades is irreplaceable, and California law protects workers 40+ in construction exactly as in any other sector.
Financial Services and Offices — Financial District
In the towers of the Financial District near the Embarcadero and the Ferry Building, strategic layoffs eliminating positions held by older employees are a frequent form of age discrimination. We also see "restructurings" where positions held by workers over 50 are "eliminated" — only to be recreated under a different title and filled by someone younger.
Healthcare — SF General, UCSF, Excelsior Clinics
Ironically, even hospitals and clinics discriminate by age — particularly in public-facing positions. We also see discrimination in leadership roles where experienced older workers are systematically bypassed in favor of younger candidates with less clinical experience.
Age Discrimination During the Hiring Process
Age discrimination does not only happen to current employees. It also happens when you are looking for work. Many companies in San Francisco and the Bay Area do not say it directly, but their hiring practices systematically favor younger candidates.
Signs of age discrimination in the hiring process:
- Direct questions about your age, date of birth, or what year you graduated
- Questions about when you "plan to retire" — which is completely illegal in a job interview
- Job descriptions seeking candidates who are "young and dynamic" or with "high energy"
- Interview questions about recent technology designed as age proxies
- A clear pattern where the company never hires candidates over 40 regardless of qualifications
If you applied for a job in San Francisco or the Bay Area and believe you were not hired because of your age, you may have a case. Age discrimination in the hiring process is just as illegal as termination for age.
Intersectional Age Discrimination — The Compounding Barriers
Age + Gender
Women over 40 in San Francisco face a double barrier. When gender discrimination and age discrimination combine, available damages are significantly higher because there are two independent civil rights violations. A woman discriminated against for being female and for being 50 has two separate causes of action — and two sets of available damages.
Age + Race — For Latino Workers Over 40
Latino workers over 40 in San Francisco frequently face simultaneous age and racial discrimination. Being Latino and older can mean being first on the list when a company looks to "cut costs." This intersectional discrimination produces higher damages and stronger cases because multiple protected characteristics are in play at once.
Age + Disability
Medical conditions that develop with age — back problems, arthritis, diabetes, cardiovascular conditions — are frequently used as justification for discriminatory employment decisions against older workers. When an employer uses an age-related medical condition to make adverse employment decisions, there may be simultaneous age discrimination and disability discrimination — two independent claims with two sets of available damages.
Real Cases We Have Filed — Real Results for Workers Like You
María, age 52. The hotel manager told her they needed "a younger face" at the front desk. After 8 years of exemplary work she was transferred to a housekeeping position. We recovered $180,000 in lost wages and emotional distress damages, plus reinstatement to her original position.
Roberto, age 48, supervisor with 15 years at the company. He was terminated and replaced with a 28-year-old supervisor with significantly less experience. The pattern of replacing older employees with younger ones was the key evidence. We won $250,000 plus recovery of lost benefits.
Carmen, age 45, manager with an excellent performance history. After she complained about age-related comments from her supervisor, she was moved to the worst shifts. The shift change was illegal retaliation plus age discrimination. We recovered $95,000 and had her reinstated to her original position and schedule.
Multiple cases against tech companies in SoMa where layoffs disproportionately affected employees over 45. Statistical analysis of termination patterns was irrefutable evidence of systematic age discrimination. In the most severe cases involving punitive damages, we have recovered up to $500,000.
* Past results do not guarantee future outcomes. Each case is unique.
Free consultation in Spanish or English. No cost, no obligation. Available 24/7 regardless of immigration status.
1-888-442-2642 or request your free case evaluationHow We Prove Age Discrimination
Age discrimination is difficult to prove because employers rarely leave an explicit trail. What we do is build a compelling case with both direct and circumstantial evidence.
Direct Evidence
- Comments about your age — "we need fresh blood," "you're too old for this," "looking for someone younger"
- Emails or messages where age is referenced in connection with employment decisions
- Witnesses who heard discriminatory remarks about your age
- Written policies or job descriptions that explicitly favor younger workers
Circumstantial Evidence — the Pattern Tells the Story
- Statistical pattern of terminating or failing to promote workers over 40
- Systematically replacing older employees with younger, less-qualified ones
- Differential treatment — the same conduct tolerated in young workers becomes a "problem" in you
- Suspicious timing — "performance problems" emerged precisely when you reached a certain age or filed a complaint
- Positive performance reviews for years that suddenly become negative without any change in your work
Through legal discovery, we can compel the employer to produce salary and employment data for all workers (to show the statistical pattern), internal emails about personnel decisions, performance evaluations for all employees in similar positions, and management communications about reduction-in-force decisions. When age discrimination is systematic, the data almost always reveals it.
Immediate Steps If You Are Being Discriminated Against for Your Age
Save emails, text messages, and notes. Write down dates and details of each discriminatory incident — what was said, who said it, who was present. Take photos of discriminatory written materials. Get contact information for witnesses.
Years of positive performance reviews that contrast sharply with recent treatment are powerful evidence of pretext. Download and save to a personal device all evaluations, commendations, and positive communications you have received.
Were coworkers treated similarly because of their age? Who was promoted over you and how old are they? Who was hired after your termination and how old are they? These patterns form the foundation of the statistical evidence.
If your company has an HR department, consider filing a formal written complaint. But speak with an attorney first. A poorly worded complaint can complicate your case. Our consultation is completely free.
Emails get deleted. Witnesses change jobs. Deadlines expire. The earlier you act, the more evidence we can preserve. Call 1-888-442-2642 — available 24/7 in Spanish and English.
What You Can Recover in an Age Discrimination Case
The combination of the federal ADEA and California's FEHA creates a robust set of available damages:
- Back pay — everything you would have earned from the date of the discriminatory act through the resolution of the case
- Front pay — projected future earnings if the discrimination damaged your career trajectory
- Liquidated damages under ADEA — in cases of willful discrimination, federal law allows recovering double the back pay amount
- Unlimited emotional distress damages under FEHA — California places no statutory cap on these damages
- Punitive damages — in severe cases involving malicious or fraudulent conduct
- Reinstatement — in many cases we can get your job back with full back pay
- Attorney fees paid by the employer — in most successful employment cases
In intersectional cases — age plus gender, or age plus race — damages are significantly higher because multiple civil rights violations are in play simultaneously, each with its own set of available remedies.
What Our Clients Say
"I had 15 years at the company with perfect evaluations. They fired me and hired a 28-year-old to do my job. Arlo Uriarte proved the full pattern and we won $250,000. I never could have done this on my own."
— Roberto, age 48, construction supervisor, Bayview-Hunters Point (name protected by confidentiality)
"The manager told me they needed a younger face at the front desk. After 8 years of impeccable work they moved me to housekeeping. Liberation Law Group recovered $180,000 and got me reinstated. Your experience has value — defend it."
— María, age 52, hotel worker, Union Square, San Francisco (name protected)
Where We Serve — San Francisco and All of Northern California
Our office is at 2760 Mission Street, Second Floor in the Mission District — three minutes from 24th Street Mission BART, near Dolores Park. We handle cases throughout San Francisco (Financial District, SoMa, North Beach, Castro, Mission, Bayview, Excelsior, Chinatown, Union Square), Oakland (especially Fruitvale — 53.8% Hispanic), Hayward (40.7% Latino), San Jose, Napa County, Sonoma County, Santa Rosa, Marin County, Vallejo, San Mateo County, Daly City, South San Francisco, and throughout Northern California.
Liberation Law Group — Workers' Rights Advocates · Fighting for Employees Since 2007 · Free Consultation in Spanish or English · No Fee Unless We Win.
1-888-442-2642 or request your free consultation onlineFrequently Asked Questions About Age Discrimination in California
At what age does the law protect me against age discrimination?
Protection begins precisely at 40 years old under both the federal ADEA and California's FEHA. There is no upper limit — you are fully protected whether you are 40, 60, or 75. The law does not define "too old" because there is no such concept in employment law.
One important distinction: the federal ADEA only applies to employers with 20 or more employees. California's FEHA applies to employers with as few as 5 employees — which means that in San Francisco, virtually every employer is covered under the stronger California law. Call 1-888-442-2642 to confirm your employer is covered and for a free evaluation of your situation.
Can an employer legally ask my age during a job interview?
No — it is completely illegal. Questions that are prohibited during the hiring process include: your age or date of birth; what year you graduated from high school or college (since this allows calculation of approximate age); how many years you have been working when the clear intent is to determine age; and when you plan to retire.
If an employer asked any of these questions during an interview and then did not hire you, that can be direct evidence of age discrimination in the hiring process. Document exactly what was asked, when, and by whom, and call 1-888-442-2642 for a free evaluation.
How long do I have to file an age discrimination case in California?
California provides multiple deadlines depending on which law and which agency you use. Under FEHA — California's stronger law — you have 3 years from the most recent discriminatory act to file a lawsuit in court. In San Francisco, that is San Francisco Superior Court at 400 McAllister Street near Civic Center BART. For the California Civil Rights Department (CRD), 1 year. For the EEOC under federal ADEA, 300 days.
Even with a three-year window under FEHA, acting quickly matters. Emails and digital evidence get deleted. Witnesses change jobs and become harder to locate. The clearer the evidence trail, the stronger the case. Call 1-888-442-2642 — the consultation is free.
How much money can I recover in an age discrimination case?
California's combination of FEHA and the federal ADEA creates strong available damages. Back pay covers everything you would have earned from the discriminatory act through the case resolution. Under ADEA, for cases of willful discrimination, you can recover double the back pay as liquidated damages. Under FEHA, emotional distress damages carry no statutory cap. Punitive damages are available for malicious or fraudulent conduct. And in most successful employment cases, the employer pays your attorney fees.
In cases we have filed: a hotel worker at Union Square recovered $180,000; a construction supervisor in Bayview recovered $250,000 plus benefits; in severe tech-company cases involving systematic age discrimination, we have recovered up to $500,000. In intersectional cases combining age with gender or race, the figures are frequently higher. Call 1-888-442-2642 for a free evaluation of your specific situation.
Can my employer force me to retire at a certain age?
In the vast majority of jobs in California, forced retirement based on age is itself a form of illegal age discrimination prohibited by both ADEA and FEHA. The only positions where age-based mandatory retirement is legally permitted are a narrow category of safety-sensitive roles governed by specific federal regulations — such as commercial airline pilots or certain law enforcement positions with arrest authority.
If your employer has pressured you to retire — directly or through indirect means like reducing your responsibilities, making the environment hostile, or offering "voluntary retirement" packages under pressure — that may be evidence of illegal age discrimination. Call 1-888-442-2642 for a free evaluation of your specific situation.
What is constructive dismissal for age discrimination, and does it apply to my situation?
Constructive dismissal occurs when working conditions become so intolerable — due to discriminatory treatment — that a reasonable person cannot continue working, and you are effectively forced to resign. Under California law, if you resigned under these conditions, you have the same legal rights as if you had been formally terminated.
Signs of constructive dismissal for age discrimination include: having important responsibilities removed without justification; being assigned to the worst shifts or working conditions; being excluded from important meetings and projects; having a hostile work environment created specifically targeting you; or being pressured with a "retirement package" offer. If any of these happened to you because of age-related reasons, do not resign before calling 1-888-442-2642. The consultation is free.
Am I protected against age discrimination if I work for a small company?
Almost certainly yes. California's FEHA — which in several respects provides stronger protections than federal law — applies to employers with as few as 5 employees. In San Francisco, the overwhelming majority of businesses have 5 or more employees, meaning almost every worker in the city is covered under FEHA's age discrimination protections.
The federal ADEA requires 20 or more employees. But even if your employer has between 5 and 19 workers, you still have the protection of California's FEHA — which is frequently more favorable for workers than the federal standard. Call 1-888-442-2642 and I will confirm exactly which law covers your employer and what options are available to you.
Can my employer retaliate against me for reporting age discrimination?
No — retaliation for reporting age discrimination is independently and explicitly illegal under both ADEA and FEHA. If your employer takes any adverse action against you — cutting your hours, moving you to a worse assignment, issuing write-ups, or terminating you — after you reported age discrimination internally, filed a complaint with the EEOC or CRD, or retained an attorney, you have a separate and additional retaliation claim.
In practice, retaliation claims can be as valuable as the original age discrimination claim — sometimes more so — because they are easier to prove through timing and because Bay Area juries respond strongly to the idea of an employer punishing a worker for exercising their legal rights. Call 1-888-442-2642 if you have experienced any retaliation after raising age discrimination concerns.
Related pages: Workplace Discrimination · Gender Discrimination · Disability Discrimination · Workplace Retaliation · Wrongful Termination · Racial Discrimination
