Age Discrimination Lawyer in Sunnyvale
Protecting Silicon Valley Workers Who Have Been Treated Unfairly Because of Their Age
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Sunnyvale is the heart of Silicon Valley, home to technology workers, healthcare professionals, retail employees, and government staff. Workers across this innovative community bring decades of experience to their jobs but often face discrimination based on age. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they violate the Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA ) by treating older workers unfairly.
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 Sunnyvale, what deadlines apply, and how Setareh Law Group can help you fight back against employers who value youth over experience.
Key Information for Sunnyvale Workers Facing Age Discrimination
- Most common age discrimination claims in Sunnyvale: termination of older tech workers, layoffs targeting workers over 50 in manufacturing, and refusal to hire older workers in retail.
- Where cases are filed: Santa Clara County Superior Court – Downtown Superior Court, 191 N First St, San Jose, CA 95113 (serving Sunnyvale residents).
- Statute of limitations for FEHA claims: Three years to file with the Civil Rights Department (CRD) under Government Code Section 12960.
- Free confidential consultation available. Contingency fee representation.
Geographic Transparency Block
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 330 miles from Sunnyvale. We represent Sunnyvale workers through phone, video conferencing, and in person meetings at the Santa Clara County 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 Silicon Valley in age discrimination , wrongful termination , retaliation, harassment, and wage theft cases.
Major Employers in Sunnyvale
Employer | Industry | Sunnyvale Area Employees |
Apple | Technology | 15,000+ |
Technology | 5,000+ | |
Technology | 3,000+ | |
Juniper Networks | Technology | 2,500+ |
Sunnyvale School District | Education | 1,000+ |
What Is 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.
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
- Forcing older workers into retirement
If you are 40 or older and experienced any of these actions, you may have an age discrimination claim. An age discrimination lawyer in Sunnyvale can help you evaluate your situation.
Am I Protected Under Age Discrimination Laws?
You are protected under California law if you are 40 years of age or older. There is no upper age limit. Workers of any age over 40 are protected.
Who is covered
- Full time and part time employees
- Job applicants
- Former employees for discrimination that occurred during employment
- Union members
- Workers in technology, healthcare, retail, and all other industries
Who is not covered
- Workers under age 40 (they may have other discrimination claims but not age discrimination)
- Independent contractors in some circumstances
- Workers for employers with fewer than 5 employees (under FEHA)
What types of employers are covered
- FEHA applies to employers with 5 or more employees
- ADEA applies to employers with 20 or more employees
Most Sunnyvale technology companies are covered by both laws. An age discrimination lawyer in Sunnyvale can help you determine if you are protected.
Laws That Prohibit Age Discrimination in California
California has some of the strongest age discrimination protections in the country. Multiple laws protect older workers.
California Fair Employment and Housing Act (FEHA)
FEHA explicitly prohibits age discrimination against workers age 40 and older. FEHA applies to employers with 5 or more employees. It prohibits discrimination in hiring, firing, promotion, compensation, and other terms and conditions of employment. The full text of the law can be found at California Government Code Section 12940 .
Why FEHA is stronger than federal law
- Applies to employers with 5 or more employees (ADEA requires 20)
- 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
Age Discrimination in Employment Act (ADEA)
The ADEA is a federal law that protects workers age 40 and older from age based discrimination. It applies to employers with 20 or more employees. While FEHA provides broader protections, the ADEA is still relevant for certain claims, especially for workers at smaller companies.
Additional age discrimination protections
- California Labor Code prohibits age discrimination in apprenticeship programs
- Some Sunnyvale employers have internal policies that provide additional protections
An age discrimination lawyer in Sunnyvale can help you decide whether to file under FEHA, the ADEA, or both.
Examples of Age Discrimination in Silicon Valley
Age discrimination can be obvious or subtle. Many older workers experience discrimination but do not recognize it because employers hide their true motives. If you have noticed any of the following patterns, you may be experiencing unlawful age‑based treatment. For more on recognizing age discrimination, see the resources available through Workplace Fairness , which offers practical guidance on identifying common warning signs and understanding your legal options.
Hiring discrimination
- Your employer hires younger candidates for positions you are qualified for
- Job postings include phrases like recent graduates or digital natives
- Recruiters express concern about culture fit for older applicants
Promotion discrimination
- You are passed over for promotion in favor of younger, less qualified workers
- Younger workers receive training opportunities that are denied to you
- You are told you are not a good fit for new projects
Termination discrimination
- You are targeted for layoffs while younger workers with less seniority keep their jobs
- Your employer makes comments about you being too old, not tech savvy, or ready for retirement
- You are fired and replaced by someone significantly younger
Harassment and hostile environment
- Coworkers or supervisors make jokes about your age
- You are excluded from meetings or important projects
- You hear comments like outdated or behind the times
Forced retirement
- You are pressured to retire or offered buyout packages that younger workers are not offered
- Your employer asks when are you going to retire repeatedly
- Your employer makes retirement sound like your only option
An age discrimination lawyer in Sunnyvale can help you document these examples.
Proving an Age Discrimination Claim
Proving age discrimination requires evidence. Your lawyer will help you gather the evidence needed to show that your employer’s actions were motivated by age.
Types of evidence that prove age discrimination
- Direct evidence such as emails or statements where a supervisor says you are too old or asks when you will retire
- Circumstantial evidence such as timing showing you were replaced by a younger worker
- Statistical evidence showing your employer terminated older workers at a higher rate than younger workers
- Comparative evidence showing younger workers were treated more favorably for similar conduct
- Pretext evidence showing your employer’s stated reason for termination is false
Questions to ask yourself
- Are you 40 years of age or older?
- Did you suffer an adverse employment action such as firing, demotion, or denial of promotion?
- Were you replaced by or passed over for someone significantly younger?
- Did your employer make comments about your age or retirement?
- Were younger workers treated more favorably than you?
What if my employer says I was fired for performance?
Employers often claim that termination was for performance, not age. However, if your performance reviews were positive before you reached a certain age and became negative after, that pattern suggests discrimination.
An age discrimination lawyer in Sunnyvale can help you analyze whether your situation indicates age discrimination. For guidance on documenting your case, see our what evidence do I need to sue my employer page.
Time Limits to File a Claim
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. You can begin the process by submitting an online inquiry through the EEOC’s Public Portal; filing a charge of discrimination is the formal step that starts the agency’s investigation.
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 Sunnyvale. 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.
Lost wages and benefits
Back pay including all wages, bonuses, commissions, health insurance, and retirement contributions you would have earned if not for the discrimination.
Front pay
Front pay covers future lost wages if you cannot return to your former job because of hostility or because your position no longer exists.
Emotional distress damages
You can recover compensation for anxiety, depression, humiliation, and loss of sleep caused by the discrimination.
Punitive damages
Punitive damages are additional damages to punish your employer for malicious or oppressive conduct.
Reinstatement
The court may order your employer to give you your job back.
Attorney fees and costs
Your employer pays your attorney fees and court costs if you win.
Setareh Law Group has recovered over one billion dollars for California workers, including millions in age discrimination cases.
Benefits of Hiring an Age Discrimination Lawyer
An age discrimination lawyer can handle every aspect of your case so you can focus on your career and your life.
Case evaluation
Your lawyer will review the facts, assess the strength of your claim, and advise you on potential outcomes.
Evidence gathering
Your lawyer will help you gather emails, texts, performance reviews, witness statements, and other evidence.
Filing complaints
Your lawyer will file complaints with the CRD or EEOC and handle all paperwork and deadlines.
Negotiation
Your lawyer will negotiate with your employer and their legal team to reach a fair settlement.
Litigation
If a fair settlement cannot be reached, your lawyer will file a lawsuit and represent you in court.
Contingency fee representation
Most age discrimination lawyers, including Setareh Law Group, work on contingency. You pay nothing upfront. You only pay if you win.
Local Resources for Age Discrimination in Sunnyvale
Fact 1 The Santa Clara County Superior Court Downtown Superior Court at 191 N First St, San Jose, CA 95113 handles civil employment cases for Sunnyvale and all of Santa Clara County. The courthouse is located approximately 10 miles from Sunnyvale.
Fact 2 The nearest DLSE Labor Commissioner office for Sunnyvale workers is located at 100 Paseo de San Antonio, Suite 200, San Jose, CA 95113. This office investigates wage claims and retaliation complaints. You can also file a California labor board complaint .
Fact 3 Silicon Valley has one of the highest concentrations of technology workers in the world, with over 200,000 tech workers in Santa Clara County. Age discrimination claims in the tech industry have increased significantly over the past five years.
Why Choose Setareh Law Group for Your Sunnyvale 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.
- Licensed in all California federal courts, including the Northern District of California which covers Sunnyvale.
- 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 Lawyer in Sunnyvale
What is age discrimination under California law?
Age discrimination occurs when an employer treats an employee unfavorably because they are 40 years of age or older. This includes firing, demotion, harassment, and denial of promotion.
Am I protected under age discrimination laws?
You are protected if you are 40 years of age or older. There is no upper age limit. Workers of any age over 40 are protected.
What are examples of age discrimination in the workplace?
Comments about being too old, not tech savvy, or ready for retirement. Being passed over for younger workers. Being targeted for layoffs while younger workers keep their jobs.
How do I prove age discrimination?
Through direct evidence like age based comments, circumstantial evidence like timing, statistical evidence, and evidence showing employer pretext.
What damages can I recover in an age discrimination lawsuit?
Lost wages, emotional distress damages, punitive damages, attorney fees, court costs, and possibly reinstatement.
How long do I have to file an age discrimination claim in California?
Three years from the discriminatory act under Government Code Section 12960. Do not wait to contact an age discrimination lawyer in Sunnyvale.
What is the difference between FEHA and ADEA?
FEHA is California law applying to employers with 5+ employees. ADEA is federal law applying to employers with 20+ employees. FEHA allows emotional distress and punitive damages.
Can I be forced to retire at a certain age in California?
Generally no. California law prohibits mandatory retirement based on age. There are very limited exceptions for certain executives and public safety officers.
Does Setareh Law Group meet clients in Sunnyvale?
Yes. By phone, video, or in person at the Santa Clara County 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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