Age Discrimination

Age discrimination occurs when an employer treats an employee unfairly because they are 40 years of age or older. While some discrimination is overt, much of it takes the form of repeated age‑based comments that are disguised as jokes, sarcasm, or “harmless banter.” In reality, these statements are often used to demean, marginalize, and pressure older employees out of their positions.

We regularly see workplaces where comments like “Do you even know how to use email?”, “When are you going to retire?”, or “The old folks around here” are tolerated, or worse, encouraged, by management. Other examples include remarks such as “We need someone younger and more energetic,” “You probably didn’t hear me,” “This might be hard at your age,” or “We’re trying to modernize the team.” These statements may be followed by laughter or brushed off as jokes, but their impact is serious and harmful.

When supervisors, managers, or decision‑makers make age‑based comments, they carry weight. Even when framed as humor, these remarks can contribute to a hostile work environment and signal that age is being considered in evaluations, discipline, promotions, or termination decisions. The law is clear: employers cannot discriminate or harass employees based on age, and authority figures do not get a free pass simply because they claim they were joking.

At Servin Rodriguez Law, we understand how age discrimination often unfolds gradually, through comments, exclusion, sudden criticism, or pressure to leave. We investigate these patterns closely and hold employers accountable when age bias has no place in employment decisions or workplace culture.

Age‑Based Comments Disguised as Jokes

• Repeated remarks such as “Do you even know how to use email?” or “You probably didn’t hear me”
• “Jokes” about retirement, being “too old,” or references to “the old folks” at work
• Comments implying age affects intelligence, adaptability, or technological ability
• Statements framed as humor but directed consistently at older employees
• Dismissive responses like “I was just kidding” when the employee objects

Why This Matters

When these comments are made by supervisors, managers, or decision‑makers, they are not harmless. Authority figures influence evaluations, promotions, job security, and workplace culture. Age‑based remarks can signal unlawful bias and contribute to a hostile work environment.

Sudden Negative Changes After Years of Strong Performance

• Long‑standing positive reviews followed by abrupt criticism without justification
• Increased scrutiny or harsher discipline compared to younger coworkers
• Performance “concerns” raised only after age‑related comments or milestones
• Tasks or responsibilities removed under the guise of “helping” the employee

Exclusion and Marginalization

• Being left out of meetings, projects, training, or leadership opportunities
• Younger employees favored for advancements despite less experience
• Decisions being made without the employee’s input after years of involvement

Layoffs, Forced Retirement, and Pressure to Resign

• Targeting older employees during restructurings or reductions
• Repeated questions or suggestions about retirement plans
• Termination shortly before retirement eligibility or benefit vesting
• Pressure to “move on” while younger workers remain employed

How We Help

At Servin Rodriguez Law, we look beyond isolated incidents. Age discrimination is rarely proven by a single comment or decision taken out of context. Instead, we analyze the full picture, workplace patterns, comparative treatment, timing, and the role of decision‑makers, to determine whether age was an unlawful factor in an employer’s actions.

We examine how an employee was treated before and after age‑related comments, complaints, or milestones, and whether younger employees were given preferential treatment under similar circumstances. This includes reviewing performance histories, disciplinary records, restructuring decisions, and internal communications to uncover inconsistencies or shifting explanations that often reveal unlawful bias.

Our approach is strategic and evidence‑driven. We identify patterns of age‑based decision‑making that employers attempt to explain away as coincidence, restructuring, or performance issues. We compare the treatment of older workers to that of younger employees in similar roles, focusing on promotions, job duties, discipline, layoffs, and termination decisions. When age bias affects compensation, job security, or workplace standing, we take action.

We fight to recover the full range of damages available under California law, including lost wages, lost benefits, and emotional distress. When necessary, we litigate wrongful termination and discrimination claims in court and are prepared to hold employers publicly accountable for unlawful conduct.

If age bias played any role in how you were treated at work, you have the right to seek relief. We are committed to enforcing those rights with precision, strength, and resolve.