Fifty years ago, in 1967, the Age Discrimination in Employment Act (ADEA) was passed by Congress. According to the Department of Labor, it protects “employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation or terms, conditions or privileges of employment.” California has its own version of this law, codified as part of the Fair Employment and Housing Act (FEHA).

Because of the proliferation of employment contracts that mandate that litigation of age discrimination claims be resolved in arbitration, understanding the arbitration process is increasingly important. This article will offer several steps to consider when handling an age discrimination case, with the caveat that it is assumed that the practitioner is familiar with the procedural prerequisite for commencing an action under the FEHA or the ADEA.