Are employers allowed to set different standards or expectations for employees based on their age?

In California, employers are generally not allowed to set different standards or expectations for employees based on their age. This is in accordance with the state’s anti-discrimination laws which forbid employers from making decisions such as hiring, promotion, or firing decisions based on factors such as age. However, there are exceptions to this. For example, employers may set different standards for employees based on their age if it is a “bona fide occupational qualification necessary for employment”. This includes when age is a legitimate factor for a given job or whenever a minimum or maximum age requirement is necessary to comply with state or federal law. Furthermore, employers may set different standards for employees based on their age if the standards are in place to protect the well-being of the employee or those around them. For example, an employer may require older employees to have periodic physicals in order to ensure that they are fit to perform their duties. In any case, employers in California are not allowed to set different standards or expectations for employees based on their age if the goal is to discriminate against certain employees. All employees must be treated fairly and equally based on their qualifications, regardless of their age.

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