10 Signs of Age Discrimination in the Workplace

It’s important to recognize signs of age discrimination in the workplace so that you can take action to stop it from continuing.

It is an illegal practice that must not be tolerated.

Defining Age Discrimination from a Legal Viewpoint

When an employee is treated unfairly based on their age, it may be considered age discrimination. From a legal standpoint, the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against individuals who are 40 years of age or older.

Age discrimination in the workplace is unlawful with respect to any term, condition, or privilege of employment, including but not limited to, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

Understanding the signs of age discrimination is crucial for fostering a work environment that values diversity and ensures fair treatment for employees of all ages.

Signs of Age Discrimination in the Workplace

Here are 10 common signs of age discrimination in the workplace:

1. Unwarranted Layoffs or Downsizing

Example: During a round of layoffs, a company disproportionately targets older employees, citing vague reasons such as “adapting to a younger workforce.”

2. Age-Related Comments or Jokes

Example: Colleagues make frequent jokes about an older employee’s age (making comments such as “Mary’s getting long in the tooth”) or use derogatory language, creating a hostile and discriminatory work environment.

3. Exclusion from Meetings or Social Activities

Example: Older employees consistently find themselves excluded from important meetings, team-building events, or social activities, limiting their professional development and networking opportunities.

4. Biased Hiring Practices

Example: An employer prefers younger candidates during the hiring process, making comments like “looking for someone with fresh ideas” or “we need a more youthful image.”

5. Unjustified Performance Criticisms

Example: An older employee with a history of positive performance reviews suddenly faces unwarranted criticism, potentially as a pretext for age-based discrimination.

 

 

6. Limiting Training Opportunities

Example: Older employees are consistently denied opportunities for professional development, training, or advancement, hindering their career growth.

7. Age-Related Stereotyping

Example: Supervisors assume that older employees are technologically challenged or resistant to change, leading to biased decisions about job assignments or promotions.

8. Unequal Access to Benefits

Example: Older employees may face unequal access to benefits, such as health insurance or retirement plans, creating disparities based on age.

9. Reassignment to Undesirable Tasks

Example: Older employees are frequently reassigned to less desirable tasks or projects, leading to a diminished sense of job satisfaction and fulfillment.

10. Offering Early Retirement as a Pretext

Example: An employer pressures older employees to take early retirement, even if they are capable of performing their job duties, as a means of pushing them out of the workforce.

What to Do If You Experience or Suspect Age Discrimination

It’s crucial to address age discrimination when you see it happening. Don’t sit back and ignore it, hoping that it will stop on its own. Chances are, it probably won’t.

Here are some steps to take if you experience or suspect age discrimination in the workplace:

• Document Everything

Keep detailed records of incidents. Your documentation should include dates, times, locations, individuals involved, and descriptions of what transpired. (Click here to learn how the ToProovIt app makes it easy to create documented records of discrimination.) These records are crucial proving the discrimination happened.

• Understand Your Rights

Learn more about the ADEA and its protections against age discrimination. Know that you have the right to a workplace free from discrimination based on age.

• Review Company Policies

Understand your company’s policies on discrimination and harassment. You need to know the established procedures for reporting workplace issues so that you can take the appropriate action.

• Speak to HR or Management

Report your concerns to the human resources department or a trusted supervisor. Provide your documented evidence of age discrimination and request a meeting to discuss the issue.

• Seek Legal Advice

Consult with an attorney experienced in employment law, particularly with expertise in age discrimination cases. They can guide you on the best course of action to protect your rights as well as your mental and emotional well-being.

Click here if you wish to contact our experienced and caring legal team now.