Both the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) protect the rights of workers who are age 40 or older. It is illegal for employers to discriminate against those over the age of 40 in relation to any aspect of employment, including hiring, firing, job assignments, promotions, pay, layoff, fringe benefits, and training. It is also unlawful to retaliate against an employee for opposing or complaining about employment practices that discriminate based on age.
Older Workers Benefit Protection Act (OWBPA)
An amendment to the ADEA, the Older Workers Benefit Protection Act (OWBPA) is a federal law that prohibits age discrimination in the provision of fringe benefits, such as life insurance, health insurance, disability benefits, pension, and retirement benefits. The law requires an employer to offer older workers (those who are at least 40 years old) benefits that are equal to or, in some cases, cost the employer as much as the benefits it offers to younger workers.