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

Generally speaking, in California, employers are not allowed to set different standards or expectations for employees based on their age. This is because doing so would likely be a violation of the California Fair Employment and Housing Act (FEHA). This act prohibits employers from discriminating against employees, job applicants, and independent contractors on the basis of age. Moreover, the FEHA does not describe age as a “bona fide occupational qualification” (BFOQ) for any position. This means that an employer cannot require an employee to be of a certain age to perform their job duties. However, employers may require that an employee be at least 18 years of age to follow the law. In addition, the FEHA also outlaws employers from retaliating against an employee aged 40 or older. Retaliation typically takes the form of taking away certain privileges, or imposing additional duties or expectations. In short, employers in California are not allowed to set different standards or expectations for employees based on their age. Doing so would be a violation of the FEHA, and could result in a fine or other penalties for the employer.

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

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