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What a New California Age Discrimination Decision Means for Workers Challenging Benefit Inequities

The Nourmand Law Firm, APC

A recent California Court of Appeals decision clarifies what employees must prove to establish age discrimination in disputes over retirement and benefit formulas. The case involved a public employer accused of using a disability retirement formula that allegedly disadvantaged older workers who joined the system later in their careers. While the employees brought claims under the Fair Employment and Housing Act, the court ultimately ruled in favor of the employer. Even though the workers did not prevail, the opinion contains practical guidance for California employees who suspect age-based discrimination in pay, benefits, or retirement programs.

The court’s central holding was clear. To prove age discrimination in compensation or benefits, employees need strong evidence that the employer acted because of age rather than another factor, such as years of service, position classification, or internal pension rules. The workers argued that the retirement formula resulted in lower payouts for individuals who entered the system after age 40. The court acknowledged the disparity but found that the formula tied the benefit to credited service and enrollment date, not to age itself. Because state law prohibits discrimination “because of age,” the lack of direct age targeting became a barrier to the claim.

The court spent significant time analyzing whether the retirement formula singled out age or simply reflected the way the pension system awarded service credit. The employees pointed to statistical differences between older and younger workers. However, the court concluded that a difference in impact alone is insufficient without evidence that age actually motivated the formula’s design.

The ruling reinforces a key point for California workers. When a pay or benefit decision affects older employees more harshly, the law still requires proof that age caused the disparity. A benefit tied to seniority, enrollment date, or length of service can create unequal outcomes without violating FEHA. Workers who believe that age is a factor must gather facts showing that age influenced the employer’s choices, not just that older employees felt the effect.

Statistical Evidence Alone Was Not Enough to Prove Discrimination

The workers in the case relied primarily on statistics showing that those who joined the system after age forty received lower disability retirement payouts. The court did not reject statistical analysis entirely but concluded that these numbers did not prove age-based motivation. Without additional context, data showing disparate outcomes does not establish that age drove the policy.

For employees, this means documentation matters. Workers with concerns about age bias should keep records of statements, policy changes, and internal explanations that reveal why certain decisions were made. Conversations that mention age stereotypes, replacement preferences, or age-specific cost concerns can help build a stronger foundation for a claim. Statistical differences can support a case, but they rarely succeed on their own without proof of intent or a clear connection between age and the employer’s reasoning.

Challenging California Pension and Benefit Formulas In Age Bias Cases

Retirement programs and benefit structures often rely on complex formulas adopted over many years. When a worker challenges such a formula, the employer can argue that the system reflects actuarial decisions, contribution models, or historical bargaining agreements rather than age-based motives. This is precisely how the employer in the case defended its system.

California workers should not read this decision as a signal that age discrimination claims involving benefits are impossible. Instead, it underscores that benefit challenges require a detailed showing of how the employer adopted the rule and of the factors that drove the final design. Workers who see patterns suggesting unfair treatment should act early. Waiting until retirement or separation can make it harder to obtain the necessary proof.

The Court Emphasized the Importance of Identifying a Specific Adverse Action

An age discrimination claim must include a concrete adverse employment action. The workers argued that the formula itself constituted an adverse action because it reduced potential disability retirement payouts. The court evaluated whether a retirement formula, by itself, qualifies as an adverse action before any actual retirement occurs. Because the claim targeted a prospective benefit rather than a current harm, the court scrutinized the timing and impact of the alleged disadvantage.

This teaches employees an important lesson. Claims built around future benefits can succeed in some cases, but the strongest claims arise when a worker suffers a clear present-day impact. Reduced pay, demotion, lower assignments, or denial of opportunities often create the strongest foundation for FEHA liability.

California Workers Should Still Speak Out When They See Age-Based Patterns

Even though the employer prevailed, the decision does not weaken California’s protections for older employees. FEHA continues to prohibit discrimination for workers age forty and above, and courts regularly uphold claims involving hiring, promotion, discipline, or termination. The outcome here reflects the specific evidence presented, not a shift away from protecting older employees.

California workers who notice benefit disparities, changes in responsibilities, or comments suggesting age-based assumptions should seek legal guidance early. Gathering facts and documenting patterns can help identify whether a claim exists before evidence becomes difficult to obtain.

Speak With a California Employment Lawyer About Your Rights

If you suspect that benefit rules, pay structures, or retirement policies at your workplace reflect age-based bias, it makes sense to get clear legal guidance before you decide what to do next. You can contact The Nourmand Law Firm, APC at 800-700-WAGE (9243) for a free review of your situation under California employment law and an explanation of how courts evaluate age discrimination claims involving compensation and benefits. That conversation can help you understand potential claims, preserve critical evidence, and choose informed steps to enforce your workplace protections.

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