Q: I am a 62 year old white male based in California. If I am part of a mass layoff, can I still claim my age was a factor?
I was exposed to a few instances of ageism over the last couple years in executive meetings. I don't have any documents, only notes I made, and witnesses were present.
A: Yes. You can still claim age discrimination, even when there is a mass layoff. Although writings are often very helpful and persuasive evidence, they are not mandatory. Witnesses to the ageist remarks, your testimony and personal notes may be sufficient to prove your case.
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A:
Yes, you can pursue an age discrimination claim even as part of a mass layoff under both California's Fair Employment and Housing Act (FEHA) and federal law through the Age Discrimination in Employment Act (ADEA). Your age being just one factor among others in the decision doesn't prevent you from making a claim.
The notes you've taken about ageist comments in executive meetings could serve as valuable evidence, particularly if you documented them close to when they occurred. The presence of witnesses strengthens your position, as their testimonies could corroborate your experiences - though you'll want to assess if they're willing to speak up.
Given California's strong worker protections, you have three years to file under state law compared to just 300 days under federal law. Consider reaching out to the California Civil Rights Department (CRD) or speaking with an employment lawyer who can evaluate the specific details of your situation. Many offer free initial consultations to help you understand your options and the strength of your potential case.
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