Age Discrimination

Age Discrimination Lawyer in San Francisco

Both Sides of Age Bias Claims, One Firm with Twenty Years of Results

Age discrimination claims turn on details: what was said, who was replaced, what the numbers show. At Wood Litigation, APC, we represent San Francisco employees who have faced age bias and employers defending against discrimination claims or government agency investigations. That dual perspective shapes how we evaluate every matter from the start. Greg Wood brings more than twenty years of litigation experience and Super Lawyer recognition to each case we handle.

Federal and California law protect workers and applicants 40 and older from employment decisions made because of their age. If you’re an employee who suspects age was a factor in how you were treated, or an employer facing a complaint, understanding the legal landscape is the first step.

Contact Wood Litigation, APC to discuss your situation in a free consultation. Call (415) 936-0300 to speak with our team.

Federal & California Protections Against Age Bias

Two primary laws govern these claims, and they don’t operate the same way. The federal Age Discrimination in Employment Act (ADEA) applies to employers with 20 or more employees. California’s Fair Employment and Housing Act (FEHA) sets a lower threshold, covering employers with five or more employees, which gives it significantly broader reach in practice. Both statutes protect workers 40 and older from adverse treatment in hiring, termination, promotions, pay, job assignments, and other terms of employment.

San Francisco adds another enforcement layer. The city’s Office of Labor Standards Enforcement (OLSE) administers local employment protections alongside state and federal law. We track San Francisco policy changes that affect pending and potential employment claims, so our clients don’t miss shifts in the local enforcement environment.

Age Bias During Hiring & Recruitment

Discrimination can start before an offer is ever made. Job postings that signal a preference for younger applicants, or that discourage older candidates from applying, can constitute unlawful age bias. Under both the ADEA and FEHA, employers cannot use age as the basis for any hiring decision.

Certain interview questions are a common warning sign. Asking about graduation years or retirement plans, or suggesting a candidate might not “keep up” with a younger team, can all reflect impermissible age-based thinking. San Francisco’s Fair Chance Ordinance, which limits how employers may consider criminal history in hiring, is part of a broader set of local protections that shape how lawful recruiting must be conducted here.

How Age Discrimination Shows Up on the Job

Workplace age bias isn’t always a single, explicit act. It can accumulate through dismissive comments about needing “younger energy” or “fresh faces,” exclusion from meetings or training, and being passed over for promotion despite a strong performance record. These patterns carry legal weight.

California law permits employees to use comparative and statistical evidence in discrimination claims, meaning a pattern of conduct toward older workers can support a claim even without one explicit statement from a decision-maker. Employers also can’t pressure employees toward retirement or tie benefits to early retirement as a way to remove older workers from the workforce. During layoffs or restructuring, replacing workers 40 and older with substantially younger employees performing the same duties is a recurring fact pattern in this kind of litigation.

The Administrative Process for Discrimination Claims

Before a case reaches San Francisco Superior Court, it typically must go through an administrative filing. For most California employees, that means submitting a complaint to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). The agency then investigates and may attempt mediation between the parties.

If the matter isn’t resolved at the agency level, the agency issues a right-to-sue letter, which authorizes the claimant to proceed with a civil lawsuit. We guide clients through every step of selecting the correct agency and venue, from the initial complaint through trial if a case advances to San Francisco Superior Court.

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Filing Deadlines for Age Discrimination Claims in California

Missing a deadline ends a case before it begins. California employees generally have three years from the date of the alleged unlawful act to file a complaint with the CRD under FEHA. Federal claims under the ADEA carry a shorter window. Because the applicable deadline depends on which law governs the claim and which agency receives the filing, identifying the right deadline early is critical.

From the first consultation, we work to identify the correct deadlines and move to protect our clients’ rights before any cutoff eliminates their options.

Why San Francisco Employees & Employers Work with Wood Litigation, APC

Our approach is strategic and thorough. We invest in case preparation rather than pushing for quick resolutions that don’t serve the client’s actual interests. That preparation has led to high-value jury verdicts and substantial arbitration awards across our employment and litigation practice. Representing both employees and employers gives us a working view of how agencies and courts evaluate these claims from both sides, which informs how we build a case and assess risk, whether we’re advising someone who was wrongfully terminated or a company responding to a CRD investigation. We serve clients throughout the Bay Area with the same focused, straightforward counsel we bring to every matter.

Start with a Free Consultation

Age discrimination cases are fact-intensive, and timing matters. Whether you’re a worker who believes age played a role in a termination, demotion, or hiring decision, or an employer facing an agency complaint, we can help you understand where you stand. Wood Litigation, APC offers a free consultation to discuss the specifics of your situation.

Call (415) 936-0300 to schedule your consultation with Wood Litigation, APC.

Potential Remedies in an Age Discrimination Case

A successful claim may make several forms of relief available, depending on the facts and applicable law. Remedies can include back pay for lost wages, front pay when reinstatement isn’t practical, reinstatement to a former position, and compensatory damages for emotional distress, all of which are recognized under California law.

Where employer conduct was particularly egregious, punitive damages may be available, and attorney’s fees can be recoverable depending on the circumstances. Outcomes vary with the specific facts of each case and aren’t guaranteed. We discuss what may realistically be pursued based on the details of your situation, not a generalized outcome.

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