Central Coast Age Discrimination Attorney
Top Age Discrimination Lawyer on the Central Coast
Standing Up for Experience, Fighting Against Bias
Age is supposed to bring wisdom, experience, and expertise, but in far too many workplaces, it’s seen as a liability. If you’re over 40 and have found yourself sidelined, overlooked, or even fired due to your age, you’re not imagining it—age discrimination is real, and it's illegal.
Hi, I’m John McCarthy, an employment attorney serving California’s Central Coast. I understand the frustrations and challenges you may be facing. Age discrimination doesn’t just affect your paycheck—it affects your self-worth, your stability, and your future. Whether you’re in Santa Cruz, San Benito, Monterey, San Luis Obispo, or Santa Barbara County, I’m here to help you fight for your rights and stand up against unfair treatment in the workplace.
What Is Age Discrimination?
Age discrimination happens when an employer treats an employee or job applicant less favorably because of their age. In California, the law is clear: if you’re 40 years of age or older, you have the right to be treated equally in the workplace. Whether you’re applying for a job, striving for a promotion, or simply trying to stay employed, your age should never be the reason you’re denied those opportunities.
Some common signs of age discrimination include:
Being passed over for a promotion in favor of a younger, less experienced employee.
Hearing comments like, “We need new energy,” or “You’re not a good cultural fit,” when you’re still performing at a high level.
Receiving negative performance reviews or being forced into early retirement without a valid reason.
Noticing a pattern of older workers being laid off or fired in large numbers.
Seeing job postings that ask for “digital natives” or “recent graduates,” which can be coded language meant to exclude older workers.
If any of these scenarios sound familiar, you may be a victim of age discrimination.
The Impact of Age Discrimination on the Central Coast
Living and working along the Central Coast is a privilege. From the innovation hubs of Santa Cruz to the agricultural heart of Salinas, from the vineyards of Paso Robles to the hospitality industry in Santa Barbara, the Central Coast thrives because of the diversity and dedication of its workforce. Whether you’re a tech professional, a teacher, a healthcare worker, or a winemaker, your experience and wisdom should be valued.
But age discrimination threatens to take that away. Employers may view older workers as outdated, more expensive, or resistant to change. These stereotypes are not only wrong—they're illegal under both state and federal law.
California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA) protect workers from age discrimination. However, many employers still find subtle, and sometimes not-so-subtle, ways to push out older employees. When this happens, it’s essential to know that you have rights, and you don’t have to accept unfair treatment.
Common Forms of Age Discrimination on the Central Coast
Across the Central Coast, workers in a variety of industries are subjected to age discrimination. Here are a few examples of how age discrimination might show up in your workplace:
1. Tech and Innovation in Santa Cruz:
Santa Cruz is home to a growing tech industry, with startups and established companies looking for the next big innovation. But for many older workers, the fast-paced, youth-centric culture can lead to ageism. If you’re a tech professional in Santa Cruz and you’ve noticed younger colleagues receiving better opportunities or heard terms like “new blood” or “digital natives” being thrown around, you may be experiencing discrimination.
2. Agriculture in Watsonville and Salinas:
Agriculture is the backbone of Watsonville and Salinas and the surrounding areas. But older workers in the fields, processing plants, and management roles are often replaced with younger, less experienced employees under the guise of “cost-cutting.” If you’ve been pushed into early retirement or seen your hours reduced while younger workers are hired, age discrimination may be at play.
3. Tourism and Hospitality in Monterey and Santa Barbara:
In places like Monterey and Santa Barbara, tourism is a major industry. Hotels, restaurants, and service industries thrive on their employees’ experience and professionalism. Yet, many older workers find themselves forced out of jobs or passed over for promotions in favor of younger, seemingly more “dynamic” employees. If you’re being pushed out of your role in hospitality, it could be a case of age discrimination.
4. Healthcare in San Luis Obispo and Santa Maria:
Healthcare is one of the largest sectors in San Luis Obispo and Santa Maria. Age discrimination can manifest in subtle ways here—older nurses, administrators, and technicians may find themselves overlooked for promotions or assigned more physically demanding tasks that younger employees are not. If you’re feeling marginalized due to your age, it’s essential to stand up for your rights.
How to Recognize Age Discrimination
It’s not always easy to recognize age discrimination, as it’s often subtle or masked by seemingly neutral business decisions. But if you’ve been treated differently or unfairly at work, and you suspect your age is the reason, here are some key signs to look for:
Sudden Negative Performance Reviews: You’ve been a solid employee for years, and suddenly, you start receiving poor performance reviews without a clear reason. This could be an attempt to justify letting you go.
Pressure to Retire or Resign: If you’re being nudged toward early retirement or given hints that it might be “time to move on,” your employer may be trying to replace you with a younger worker.
Job Opportunities Shift to Younger Employees: If you’re consistently passed over for promotions or new projects in favor of younger, less experienced employees, age discrimination may be at play.
Derogatory Comments About Age: While comments like “You’re a little old-fashioned” or “We need fresh energy” might seem innocuous, they can be signs of underlying bias against older workers.
Job Ads Favoring Younger Applicants: Phrases like “recent graduate” or “high-energy” in job postings can indicate that a company is actively seeking younger workers, even though older employees may be equally or more qualified.
What Should You Do If You’re Facing Age Discrimination?
If you believe you’re being discriminated against because of your age, it’s essential to take steps to protect yourself and your rights. We have a whole page on what to do if you’re still employed. Here’s what you should do:
1. Document Everything:
Keep a record of any incidents that you believe demonstrate age discrimination. This could include emails, comments from your supervisor, performance reviews, or any changes in your duties. The more documentation you have, the stronger your case will be.
2. Report the Discrimination:
If you feel comfortable doing so, report the discrimination to your employer’s HR department. While this doesn’t always resolve the issue, it creates a record of your complaint, which can be important if you decide to take legal action later.
3. Understand Your Rights:
You have legal protections under California’s FEHA and the federal ADEA. These laws prohibit age discrimination in all aspects of employment, from hiring and firing to promotions and training. If you’re unsure of your rights or how to proceed, consulting with an experienced age discrimination attorney is a good first step.
4. Contact an Age Discrimination Attorney:
If your employer is unwilling to address the discrimination or if you’ve already lost your job, it’s time to reach out to an experienced attorney who can help you explore your legal options. Age discrimination cases can be complex, but with the right legal representation, you can fight for the justice and compensation you deserve.
How I Can Help
I’ve dedicated my career to fighting for workers’ rights, and age discrimination is one of the most pervasive and harmful issues affecting employees today. If you’ve been discriminated against because of your age, here’s how I can help:
Free Consultation: I offer a no-cost, no-obligation case evaluation to review your case and help you understand your legal options. If I don’t think I can help, I’ll tell you why and try to point you in the right direction. If I can help, I’ll schedule a free consultation where we’ll discuss the details of your situation and determine whether you have a strong claim for age discrimination.
Personal Attention: When you work with me, you won’t be handed off to junior attorneys or paralegals. I’ll personally handle your case, making sure you have the support and guidance you need throughout the process.
Aggressive Advocacy: If we determine that you have a strong case, I’ll fight relentlessly to get you the justice you deserve. This could include compensation for lost wages, damages for emotional distress, and punitive damages.
No Win, No Fee: I work on a contingency basis, meaning you won’t owe me a penny unless we win your case. I believe everyone deserves access to justice, regardless of their financial situation.
Age Discrimination Law in California
California has some of the strongest protections against age discrimination in the country. Here’s a closer look at the laws that protect workers over 40 from discrimination based on their age:
1. California’s Fair Employment and Housing Act (FEHA):
FEHA is one of the most comprehensive anti-discrimination laws in the country. It makes it illegal for employers to discriminate against workers aged 40 or older in hiring, firing, promotions, training, and other aspects of employment. If your employer has violated FEHA by discriminating against you because of your age, you may be entitled to compensation.
2. Age Discrimination in Employment Act (ADEA):
The federal ADEA also protects workers aged 40 and older from discrimination in the workplace. While California’s FEHA often provides stronger protections than federal law, the ADEA offers an additional layer of protection for workers facing age discrimination.
3. Retaliation Protections:
California’s FEHA and the federal ADEA not only protect workers from age discrimination but also from retaliation. If you report age discrimination to your employer or file a complaint with a government agency, it is illegal for your employer to retaliate against you. Retaliation can include firing, demoting, reducing your hours, or any other adverse employment action taken because you spoke up about the discrimination. If you’ve experienced retaliation after reporting age discrimination, you have the right to pursue legal action for both the discrimination and the retaliation.
What Happens in an Age Discrimination Case?
If you decide to pursue an age discrimination case, here’s what you can probably expect during the process:
1. Case Evaluation:
It all starts with a free case evaluation and the free consultation. During this meeting, we’ll go over the details of your experience and determine whether there’s enough evidence to move forward with a legal claim. If I believe you have a strong case, I’ll explain the next steps and what you can expect moving forward.
2. Filing a Complaint:
If we decide to move forward, the first step is usually to file a complaint with the California Civil Rights Department (CRD) formerly the Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies will investigate your claims and may attempt to resolve the situation through mediation. Filing with the CRD or EEOC is often a necessary step before pursuing a lawsuit.
3. Negotiation and Mediation:
Before your case goes to court, there’s often an opportunity to settle the dispute through negotiation or mediation. This can save time and money, and many employers prefer to settle rather than face a lawsuit. I’ll negotiate aggressively on your behalf to secure a fair settlement, but if the other side refuses to offer fair compensation, I’m fully prepared to take your case to court.
4. Filing a Lawsuit:
If mediation doesn’t resolve the issue, the next step is to file a lawsuit in state or federal court. This is where my experience as a trial lawyer comes into play. I’ll build a strong case, gathering evidence, interviewing witnesses, and presenting the facts in court to ensure your voice is heard.
5. Resolution:
The goal of any age discrimination lawsuit is to achieve justice and compensation for the harm you’ve suffered. This could include back pay for lost wages, reinstatement to your job, compensation for emotional distress, and even punitive damages if the employer’s conduct was particularly egregious. We’ll work together to achieve the best possible outcome for your case.
Compensation You May Be Entitled To
If you’ve been the victim of age discrimination, you could be entitled to several forms of compensation. Here are some potential outcomes of a successful age discrimination case:
Back Pay: Compensation for lost wages, including any raises or bonuses you would have received if you hadn’t been wrongfully terminated or passed over for a promotion due to your age.
Reinstatement: In some cases, employees are reinstated to their previous position, particularly if they were wrongfully terminated. If reinstatement is not possible or desired, front pay may be awarded to compensate for future lost wages.
Emotional Distress Damages: Age discrimination can take a serious emotional toll, leaving you feeling humiliated, devalued, and anxious about your future. You may be entitled to compensation for the emotional distress caused by your employer’s illegal actions.
Punitive Damages: In cases where the employer’s conduct was particularly malicious or reckless, the court may award punitive damages to punish the employer and deter similar behavior in the future.
Attorney’s Fees and Costs: In many cases, the court may order the employer to cover your legal fees and other costs associated with bringing your age discrimination case, making it easier for you to seek justice without financial hardship.
Why Time Matters: Statute of Limitations
If you believe you’ve been a victim of age discrimination, it’s important to act quickly. California law sets a time limit, known as the statute of limitations, for filing an age discrimination claim. In most cases, you must file a complaint with the CRD within one to three years of the discriminatory act and then within one year of getting a right to sue. But, some discrimination claims require legal action within as little as six months. If you miss this deadline, you may lose your right to pursue legal action.
The sooner you contact an attorney, the better your chances of building a strong case. Evidence can fade over time, and witnesses may be harder to track down as time goes on. If you suspect age discrimination, don’t wait—reach out today for a consultation.
Why Choose a Local Central Coast Attorney?
When you’re facing age discrimination, choosing the right attorney can make all the difference. As someone who was born and raised on California’s Central Coast, I understand the unique challenges that workers in this region face. Whether you’re in Santa Cruz, Watsonville, Monterey, San Luis Obispo, or Santa Barbara, I’ve worked with people in industries ranging from tech to agriculture to tourism, and I know how to navigate the local job market and legal landscape.
Here’s why working with a local Central Coast attorney like me is the best choice:
1. Community Understanding:
The Central Coast is a diverse and tight-knit community. From the innovation hubs of Santa Cruz to the agricultural fields of San Benito and Monterey, to the tourism-driven economies of San Luis Obispo and Santa Barbara, I know the industries and the people. I understand the local economy and the types of discrimination that can occur in these industries.
2. Personal Attention:
When you work with me, you’ll receive personal attention from day one. I’m committed to making sure my clients feel heard, respected, and supported throughout the process. You won’t be passed off to an assistant or a junior lawyer—you’ll work directly with me to build your case and fight for your rights.
3. A Record of Success:
I’ve built a national reputation for successfully taking on large companies and winning cases for workers who’ve been wronged. My goal is to empower you to stand up for yourself and hold your employer accountable. You deserve to work in an environment free from discrimination, and I’m here to make sure that happens.
Let’s Stand Up to Age Discrimination Together
If you’re over 40 and feel like your age is being used against you at work, don’t stay silent. Age discrimination is illegal, and you have the right to fight back. Whether you’ve been passed over for a promotion, forced into retirement, or terminated unfairly, I’m here to help you stand up for your rights and demand the respect and compensation you deserve.
You don’t have to face this alone. I offer free consultations to help you understand your legal options and decide what steps to take next. Whether you’re in Santa Cruz, San Benito, Monterey, San Luis Obispo, or Santa Barbara County, or beyond, I’m here to listen, guide, and advocate for you.
Ready to Take Action?
Age discrimination can be devastating, but you don’t have to accept it. Together, we can hold your employer accountable and ensure that you’re treated with the dignity and respect you deserve. Reach out today for a free consultation, and let’s start the process of getting you back on track.
Whether you want to return to your job, seek compensation, or simply make sure no one else has to endure what you’ve experienced, I’m here to help. Let’s stand up against age discrimination and work toward a future where everyone—no matter their age—is valued for their skills, wisdom, and experience.
Get your free case evaluation today! Let’s get started on the path to justice.