5 Signs of Age Discrimination
Despite common misconceptions regarding the differences between younger and older workers (e.g., “Gen Z” vs. “Boomers”), a person’s abilities to perform a job are rarely, if ever, associated with their age.
That is not to say ageism or age discrimination does not exist. AARP recently published findings that six out of ten people over the age of 50 reported experiencing or witnessing some form of age discrimination in the workplace.
If you are an employee over 40, it is important to know what age discrimination is, how to spot red flags, what steps to take if you are a victim, and when you may want to contact an attorney.
What Is Age Discrimination?
Age discrimination in employment is when an employee is treated differently or unfairly due to their age. The 1967 Age Discrimination in Employment Act (ADEA) made age discrimination illegal.
This federal law protects workers over the age of 40 from both intentional and disparate impact discrimination. Many state laws provide further or similar protections to even younger workers. The U.S. Equal Employment Opportunity Commission (EEOC) enforces claims of workplace discrimination.
Employers can be held liable when they don’t hire an older worker or deny them opportunities because they are “overqualified” or have “too much experience,” which is sometimes code for “too old.” Additionally, companies cannot force employees to take early retirement or engage in discriminatory practices against older employees when making layoffs or employment decisions.
How To Recognize Age Discrimination
Age discrimination can occur in various ways. Some are obvious, and others are less discernible. Here are five common signs of age discrimination in the workplace.
1. Joking About Age or Harassment
Jokes that target older people, derogatory remarks, or other types of age-based harassment are among the most blatant forms of age discrimination in the workplace. Particularly in workforces that have many young workers, such as students or recent graduates, co-workers and younger bosses can create hostile work environments based on ageist comments, jokes, or harassment. This type of age discrimination is the easiest to prove.
2. Only Promoting or Hiring Young Workers
Another common sign that an employer discriminates based on age is when only younger employees get promotions or are hired. When older employees are passed over by employees with less seniority or experience, this may be a sign of age discrimination. Even job descriptions looking for recent graduates could be a form of age discrimination.
However, if a rejected applicant suspects age discrimination, they may contact the EEOC, which has the authority to investigate, issue findings, and attempt to resolve the situation.
3. Excluding From Team Building or Work-Related Activities
When older employees are intentionally omitted from team-building activities or other work-related activities, this could also be a sign of age discrimination. If an employer assumes that older workers are not interested in certain activities because of their age or offers activities or programs that older workers cannot participate in, these could be clear signs of age discrimination, particularly if those opportunities can help with career advancement.
4. Reassigning Work or Giving New Projects To Younger Workers
When an older worker’s actual job assignments get reassigned to younger workers, this could be a sign of age discrimination. Additionally, if a manager does not give new projects or initiatives to an older worker, that could be discriminatory as well.
As businesses evolve, older workers must often fight the stigma that they are unable to adapt. Managers may assume younger workers are more able to complete certain types of tasks, such as those related to new or emerging technologies.
5. Giving Negative Performance Reviews Without Cause
If performance reviews for an older worker that used to be stellar start becoming negative despite there being no decline in performance, this may be due to age discrimination. Often, employers with biases against certain types of employees will create, out of thin air, the paper trail needed to support a demotion or termination. Unjustified negative performance reviews can be proof of an underlying discriminatory intent. This practice may also pressure older workers to retire early or take early retirement packages.
What To Do if You Have an Age Discrimination Claim
If you feel you are being targeted or discriminated against, there are specific steps you can take to protect your rights.
1. Keep a Record of All Communications
Preserve notes of any discriminatory events with details of dates, times, and people involved (especially witnesses). Retain letters, emails, memos, and performance reviews that relate to your employment and any discriminatory statements or activity.
2. Notify Your Supervisor or Human Resources
Your company may have a process for reporting and investigating claims of discrimination. If your supervisor is not the one behind the discriminatory behavior, notify them and human resources. Keep a record of all correspondence and documents with your supervisors and human resources.
3. File an EEOC Charge
If your company does not resolve your claim, you can file a charge with the Equal Employment Opportunity Commission (EEOC). This agency investigates your claim to determine if you have an actionable cause. Engaging an attorney knowledgeable about employment law may be helpful. They can determine when you must file an EEOC claim (in many cases, it is 180 days from the date of the last discrimination), negotiate on your behalf, and build a strong case if you go to court. They can help you get a fair settlement for lost wages, emotional distress, and other damages.
Age Discrimination Is Against the Law
If you are a victim of age discrimination, it negatively impacts your career and quality of life. It is essential to recognize the signs of age discrimination, document any incidents, and seek legal advice and representation to help you reach a favorable outcome.
Related Resources:
- Filing an EEOC Complaint or Charge (FindLaw’s Learn About the Law)
- Find Employment Lawyers Near You (FindLaw’s Lawyer Directory)
- Age Discrimination Law (FindLaw’s Learn About the Law)
