Scenario:
Carlos, a 35-year-old software engineer, works for a large tech company in California. Over the past five years, he has consistently received excellent performance reviews, completed multiple successful projects, and taken on leadership roles within his team. Recently, the company promoted several employees to senior positions, and Carlos was excited to apply, knowing he met all the qualifications and had a strong track record.
However, Carlos noticed a pattern: the company promoted only employees who were over 40, despite several qualified younger employees applying. When he inquired about why he wasn’t selected, his manager hinted, “We prefer to have someone with more maturity in these senior roles,” and mentioned that older employees “bring a certain gravitas” to leadership positions. Carlos pointed out his experience and accomplishments, but his manager replied, “You’ll have your turn when you’re older.”
Over the next few months, Carlos saw other younger colleagues facing similar treatment. The company routinely passed over them for promotions, even when they had comparable or superior qualifications to older employees who were promoted. Frustrated, Carlos believed the company’s decisions were influenced by an unfair preference for older employees, rather than actual qualifications or performance.
Analysis:
In this scenario, Carlos may have a valid claim of age discrimination under California’s FEHA, which protects individuals of all ages. The manager’s comments about “maturity” and “gravitas” suggest that the company may be favoring older employees based on stereotypes or biases about age rather than qualifications or experience. In California, Carlos can bring an age discrimination claim even though he’s under 40, as the law prohibits age-based discrimination for all age groups.
Several states have broader age discrimination protections that extend to individuals under 40, offering protections beyond what the federal Age Discrimination in Employment Act (ADEA) provides. Here are some states with such laws:
1. California
- Law: Fair Employment and Housing Act (FEHA)
- Protection: Prohibits age discrimination for individuals of all ages, not just those over 40. This means younger employees can also claim age discrimination.
2. Michigan
- Law: Elliott-Larsen Civil Rights Act
- Protection: Prohibits age discrimination against individuals of all ages in employment. This allows individuals under 40 to file age discrimination claims.
3. New Jersey
- Law: New Jersey Law Against Discrimination (NJLAD)
- Protection: Prohibits age discrimination for individuals 18 and older. This includes protections for younger individuals as well as older individuals, although certain protections for younger individuals may vary depending on the specific case.
4. New York
- Law: New York State Human Rights Law
- Protection: Protects individuals 18 years and older from age discrimination. This law allows employees and applicants under 40 to bring age discrimination claims.
5. Oregon
- Law: Oregon Revised Statutes (ORS) Chapter 659A
- Protection: Prohibits age discrimination against employees 18 years and older, extending protection to younger employees.
6. District of Columbia (Washington, D.C.)
- Law: D.C. Human Rights Act
- Protection: Prohibits age discrimination for individuals of all ages in employment, allowing younger individuals to file age discrimination claims.
Summary
In these states, age discrimination laws extend protections to individuals under 40, providing broader age discrimination protections compared to the federal ADEA. If you’re under 40 and believe you have faced age-based discrimination, these state laws may allow you to file a claim, depending on your location and specific circumstances.
In the end, age shouldn’t be the defining factor of a person’s capability, talent, or potential in the workplace. True leadership and skill come from experience, dedication, and passion—not the number of candles on a birthday cake. By recognizing and challenging age-based biases, we create a more inclusive, dynamic work environment where everyone, young or seasoned, has the opportunity to thrive. Let’s leave outdated stereotypes in the past and embrace a future where merit and character are what truly count.
Elga Lejarza
Lejarza HR Consulting
