Age Discrimination Lawyer in San Diego
Protecting San Diego workers aged 40+ from age based harassment, termination, and unfair treatment.
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San Diego’s workforce is older than many other California regions, with nearly half of all workers aged 40 and above. Healthcare, biotechnology, defense, and hospitality employ thousands of experienced workers who have dedicated decades to their careers. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they discriminate against older workers under the Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA).
If your employer has fired you, demoted you, passed you over for promotion, or harassed you because of your age, you have legal rights. This page explains how age discrimination claims work in San Diego, what deadlines apply, and how Setareh Law Group can help you fight back against employers who value youth over experience.
Key Information for San Diego Workers Facing Age Discrimination
- Most common age discrimination claims in San Diego: termination of older healthcare workers, layoffs targeting workers over 50 in biotech, and refusal to hire older workers in hospitality.
- Where cases are filed: San Diego Superior Court Central Division, 330 W Broadway, San Diego, CA 92101.
- Statute of limitations for FEHA claims: Three years to file with the Civil Rights Department (CRD) under Government Code Section 12960.
Our Office Location Serving San Diego Remotely
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 120 miles from San Diego. We represent San Diego workers through phone, video conferencing, and in‑person meetings at the San Diego Superior Court or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout California in age discrimination, wrongful termination, retaliation, harassment, and wage theft cases. You can verify his bar status through the State Bar of California attorney search.
Major Employers in San Diego
Employer | Industry | San Diego Area Employees |
UC San Diego | Healthcare / Education | 35,000+ |
Sharp Healthcare | Healthcare | 18,000+ |
Scripps Health | Healthcare | 15,000+ |
Qualcomm | Technology | 12,000+ |
Naval Base San Diego | Defense | 35,000+ |
Defining Age Discrimination Under California Law
Age discrimination occurs when an employer treats an employee unfavorably because of their age. Under California law, workers age 40 and older are protected from age discrimination. Unlike federal law, California’s FEHA applies to employers with five or more employees, making it much broader than the ADEA which applies only to employers with 20 or more employees. The California Civil Rights Department (CRD) enforces FEHA.
What the law prohibits
- Refusing to hire qualified candidates because they are over 40
- Terminating older workers while keeping younger workers with less experience
- Demoting older workers or reducing their pay or hours
- Denying promotions or training opportunities to older workers
- Harassing older workers with age based comments
- Retaliating against older workers who complain about age discrimination
If you are 40 or older and experienced any of these actions, you may have an age discrimination claim. An age discrimination lawyer in San Diego can help you evaluate your situation. For more information, see our age discrimination attorney and anti-discrimination laws in California pages.
Manifestations of Age Discrimination in San Diego Workplaces
San Diego’s major industries each have unique patterns of age discrimination. Understanding these patterns can help you recognize discrimination in your workplace.
Healthcare age discrimination
Older nurses, technicians, and administrative staff in San Diego hospitals often face age discrimination. Employers may terminate older workers claiming performance issues while hiring younger workers at lower pay. Comments about older workers being slower or less adaptable are common.
Biotechnology age discrimination
San Diego’s biotech corridor has a reputation for favoring younger workers. Older scientists and researchers are often pushed out or denied promotions. Employers may claim that older workers do not have cutting edge skills while refusing to provide training.
Hospitality age discrimination
Hotels and restaurants in San Diego often prefer younger workers for customer facing positions. Older workers may be assigned to back of house roles or passed over for promotions. Comments about appearance or energy levels are common.
Age Discrimination in Employment Act (ADEA) Explained
The Age Discrimination in Employment Act is a federal law that protects workers age 40 and older from age‑based discrimination. While FEHA provides broader protections, the ADEA is still relevant for certain claims. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADEA.
Key provisions of the ADEA
- Protects workers age 40 and older (no upper age limit)
- Applies to employers with 20 or more employees
- Prohibits discrimination in hiring, firing, promotion, layoffs, compensation, and training
- Requires employers to provide reasonable accommodations for age related limitations in some circumstances
Limitations of the ADEA
- Does not apply to employers with fewer than 20 employees
- Does not allow for compensatory or punitive damages (only back pay and liquidated damages)
- Has a shorter deadline of 300 days to file with the EEOC
An age discrimination lawyer in San Diego can help you decide whether to file under FEHA, the ADEA, or both. See our age discrimination in hiring page for more information.
California Fair Employment and Housing Act (FEHA) for Age Discrimination
FEHA provides stronger protections for older workers than federal law. Most age discrimination claims in San Diego are filed under FEHA rather than the ADEA.
Why FEHA is better for age discrimination claims
- Applies to employers with 5 or more employees (much broader than ADEA)
- Allows recovery of emotional distress damages (not available under ADEA)
- Allows recovery of punitive damages (not available under ADEA)
- Has a longer 3 year deadline to file with the CRD
- Covers harassment based on age (not explicitly covered by ADEA)
Because FEHA offers broader protections and higher potential damages, an age discrimination lawyer in San Diego will typically file under FEHA first.
How to Identify Age Discrimination at Your Workplace
Many older workers are unsure whether the treatment they receive is actually age discrimination or something else. There are specific indicators that suggest age discrimination.
Questions to ask yourself
- Are you being treated differently than younger workers in similar positions?
- Has your employer made comments about your age, retirement, or being old fashioned?
- Were you replaced by someone significantly younger?
- Have you been denied training opportunities given to younger workers?
- Have you been excluded from meetings or projects?
The role of non age related factors
Employers often claim that terminations or adverse actions were based on performance, not age. However, if your performance reviews were positive before you reached a certain age and became negative after, that pattern suggests discrimination.
What Is Retaliation in the Context of Age Discrimination?
Retaliation occurs when an employer punishes an employee for complaining about age discrimination or participating in an age discrimination investigation. Retaliation is illegal under both FEHA and the ADEA. The EEOC’s retaliation guidance provides federal standards.
Examples of retaliation for age discrimination complaints
- Firing an employee after they filed an age discrimination complaint with HR
- Demoting an employee who testified in a coworker’s age discrimination case
- Reducing hours or changing schedules for an employee who filed a CRD complaint
- Harassing an employee who asked about age discrimination policies
Retaliation claims are often stronger than the underlying discrimination claim. An age discrimination lawyer in San Diego can help you pursue both. See our retaliation after filing a complaint and workplace retaliation lawyer pages.
Statute of Limitations for Age Discrimination Claims
Age discrimination claims have strict deadlines. Missing your deadline permanently bars you from suing your employer.
Deadlines for age discrimination claims
- FEHA claim with the Civil Rights Department (CRD): 3 years from the last discriminatory act under Government Code Section 12960
- ADEA claim with the EEOC: 300 days from the discriminatory act
- Lawsuit after right to sue notice: 1 year from the date the CRD issues a right to sue notice
Do not wait to contact an age discrimination lawyer in San Diego. Evidence disappears and deadlines pass quickly.
What Damages Can You Recover for Age Discrimination?
California law allows age discrimination victims to recover significant damages. Unlike federal law, FEHA has no cap on emotional distress or punitive damages.
Types of compensation available
- Lost wages and benefits known as back pay including all wages, bonuses, commissions, health insurance, and retirement contributions you would have earned
- Front pay which covers future lost wages if you cannot return to your former job
- Emotional distress damages providing compensation for anxiety, depression, humiliation, and loss of sleep
- Punitive damages which are additional damages to punish your employer for malicious or oppressive conduct
- Attorney fees and court costs which your employer pays if you win
- Reinstatement meaning the court orders your employer to give you your job back
Setareh Law Group has recovered over one billion dollars for California workers, including millions in age discrimination cases. See our average age discrimination settlement in California and wrongful termination settlements in California pages.
Local Resources for Age Discrimination Claims in San Diego
Fact 1 The San Diego Superior Court Central Division at 330 W Broadway, San Diego, CA 92101 handles civil employment cases for San Diego County. Approximately 400 employment cases are filed annually at this courthouse.
Fact 2 The nearest DLSE Labor Commissioner office for San Diego workers is at 7575 Metropolitan Dr, Suite 213, San Diego, CA 92108. This office investigates wage claims and retaliation complaints.
Fact 3 San Diego County has one of the highest percentages of workers over age 55 in California, with nearly 25 percent of the workforce aged 55 or older. Age discrimination claims have increased significantly in the region over the past five years.
Why Choose Setareh Law Group for Your San Diego Age Discrimination Case
- Over one billion dollars recovered for California workers since 1999, including age discrimination, retaliation, and wrongful termination cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA. These are third party recognitions you can verify.
- Licensed in all California federal courts, including the Southern District of California which covers San Diego.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case. If we do not recover for you, you owe us nothing for our time.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Age Discrimination in San Diego
How can I identify age discrimination at my workplace?
Look for comments about age, retirement, or being old fashioned. Notice if younger workers receive better treatment, promotions, or opportunities. Track any adverse actions like demotions or termination.
What actions can I take if I face age discrimination?
Document everything, report to HR in writing, file a complaint with the CRD within three years, and contact an age discrimination lawyer in San Diego for a free consultation.
How do federal and state age discrimination laws differ?
California’s FEHA applies to employers with 5 or more employees, allows emotional distress and punitive damages, and has a 3 year deadline. Federal ADEA applies to employers with 20 or more employees and has a 300 day deadline.
Why is legal support important in age discrimination cases?
Employers have lawyers. Proving age discrimination requires evidence and legal strategy. An age discrimination lawyer in San Diego can level the playing field.
What is the time limit for filing an age discrimination claim in California?
Three years from the last discriminatory act under Government Code Section 12960. Do not wait to contact a lawyer.
What damages can I recover in an age discrimination lawsuit?
Lost wages, emotional distress damages, punitive damages, attorney fees, and court costs. California does not cap these damages.
Does Setareh Law Group meet clients in San Diego?
Yes we do. By phone, video, or in person at the San Diego Superior Court or by appointment.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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