Are you feeling like your employer may be discriminating against you because of your age? Are there blatant comments or actions being made regarding your age? As with any workplace discrimination, age discrimination can be challenging to identify and prove. This blog will briefly discuss what qualifies as age discrimination and eight signs of age discrimination in the workplace.
Please get in touch with a representative from our Winston-Salem or Charlotte branch by dialing (336) 724-2828.
What Is Age Discrimination?
Age discrimination involves treating an applicant or employee unfairly or unfavorably because of their age. It can come in many forms, and while it can be blatant and obvious, it is often more subtle. Age discrimination is illegal during employment, from hiring to firing and everything in between (e.g., job assignments, training, salary, benefits, promotions, and more). Since 1967, the Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the workplace against individuals 40 and over.
Generally, the ADEA only applies to the following organizations:
- Companies with at least 20 employees,
- Labor organizations with at least 25 members,
- Federal, local, and state governments and
- Employment agencies.
Unfortunately, military personnel and independent contractors are generally not afforded the ADEA protections.
8 Signs of Age Discrimination in the Workplace
According to a survey conducted in May of 2023 by the Society for Human Resource Management, 26% of U.S. workers age 50 and older say they have been the target of age-related remarks in the workplace in just the previous six months.
Age discrimination often goes unreported, making it difficult to say how prevalent it is in the workplace.
If you believe you may be experiencing age discrimination at work, trust your intuition. Familiarizing yourself with the common signs of age discrimination can help you accurately assess if your employer illegally discriminates against you because of your age.
Here are our top eight signs to look out for.
Age-Related Comments or Insults
Employers who make age-related comments or remarks or speak to you demeaningly may exhibit age-harassment behavior. For instance, if an employer or manager comments about “being over the hill” or “ancient,” this can be a clear sign of age discrimination, often leading to a more significant issue.
Getting Passed over or Turned Down for a Promotion
If you are passed over for a promotion you were qualified for, and the position was given to a younger coworker who may be less qualified, this can be evidence of age discrimination. If you can show a pattern of this behavior of older coworkers being passed over or turned down for promotions that they are qualified for and given to younger employees, then you may have a strong case.
Forced Retirement
It is common for companies to encourage or entice older employees to take earlier employment. They may offer their more senior employees early retirement packages to “push them out” of the company. Employers can even go so far as pitching the retirement package as optional but put such pressure on their employees that they feel forced to accept it or face being fired.
Although the ADEA makes mandatory retirement age illegal in many employment sectors, companies still try to enact one. Mandatory retirement is only legal in a few professions (e.g., police officers). If you believe your company is illegally trying to force your retirement, you should immediately speak with an attorney.
Your Position Becomes Eliminated
Perhaps more common than you think, employers seeking to push out older employees will eliminate their positions. While this might not be illegal, it becomes highly suspicious of discrimination if, in the same breath or shortly after, your employer raises a younger individual for the same position, even if the title is slightly different.
Layoffs and Demotions of More Senior Employees
It is a natural part of almost any business or company to go through ups and downs that might require layoffs or employee demotions. However, when those layoffs and demotions target older employees, it may be more than the natural course of business. An employer’s decision to lay someone off or demote them should be based solely on their job performance, not their age, gender, or race.
Preferential Treatment
Preferential treatment of younger employees is common when experiencing age discrimination in the workplace. This treatment as an isolated incident may not seem like discrimination, but it can be easier to spot if it occurs repeatedly and becomes a pattern. For instance:
- Are you getting turned down for big or special projects given to younger coworkers?
- Are your ideas or concerns not being heard during staff meetings?
- Did your employer chalk it up to you being overqualified?
- Are younger employees being given special perks?
- Are younger employees being praised, promoted, and given raises more frequently than older employees?
In fact, according to SHRM, 11% of HR professionals agree that older employees are not always treated as fairly as younger employees.
If you are overlooked in one staff meeting, you might not be able to prove age discrimination; however, if it happens repeatedly or in conjunction with other preferential treatment given to your younger coworkers, you may be a victim of ageism in the workplace.
Unfair Discipline Practices
Most workplaces have rules and etiquette to be followed by all employees. Many of a company’s do’s and don’ts will be provided in a handbook upon hiring, and with that set of rules and expectations, all employees should be treated equally regarding discipline. If it appears that older employees are receiving harsher disciplinary consequences than younger employees, it may be a sign of age discrimination.
Similarly, if, as an older employee, you are receiving harsher criticism over your job performance than younger coworkers in similar roles, you may be facing discrimination at the hands of your employer.
Word Choices
Many examples we discussed so far pertain to employees already hired within a company. Still, age discrimination and the protections offered by the ADEA also apply to the hiring stage. Often, job postings can be indicative of age discrimination practices. For instance, job listings usually include phrases such as “no experience necessary” or “looking for a recent graduate,” implying they are looking only for young individuals.
An employer’s word choice on job postings can indicate the practices and behaviors that carry over into the job position itself. For example, if employers use “recent grad” language in their job description, it is not uncommon for them to reiterate those same vibes in the workplace using terms such as “young,” “fresh,” or “energetic.” These are all examples of ageism in the workplace.
North Carolina Age Discrimination Lawyers
If you read through these examples of age discrimination in the workplace and think you have been experiencing one or more by your employer, it’s time to be proactive and protect your legal rights. At EMP Law, we have long-standing success in helping those facing age discrimination in the workplace receive the recognition and justice they deserve. Contact a member of our Winston-Salem or Charlotte office today at (336) 724-2828.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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