Age discrimination, or ageism, is the unfair treatment of an individual or a group based on their age. While the federal Age Discrimination in Employment Act (ADEA) of 1967 primarily protects workers aged 40 and older, ageism can affect people of all ages. It is a pervasive issue, with a 2023 SHRM study revealing that 26% of U.S. workers aged 50 and older reported being the target of age-related remarks at work.
Recognizing the subtle and overt signs of age discrimination is the first step toward combating it. Examples can range from biased hiring tactics to a hostile work environment fostered by demeaning jokes and comments.
Examples of Age Discrimination in the Hiring Process
- Biased Job Postings: An employer posts an advertisement for a "recent college graduate" or a candidate with "high energy" and a "fresh perspective." While these terms may seem innocuous, they can be coded language used to discourage older applicants.
- Discriminatory Interview Questions: During an interview, a hiring manager asks an applicant about their graduation year, age, or retirement plans. Even questions about how they would fit in with a younger, more dynamic team could be considered discriminatory.
- Passing Over Qualified Candidates: A company consistently overlooks applicants in their 50s and 60s for roles in favor of younger, less-experienced candidates with a similar skillset. An employer may claim the older candidate is "overqualified" as a pretext for age bias.
- College-Only Recruiting: A company exclusively recruits from college campuses for new hires. This practice, often seen in the tech industry, can disproportionately exclude more experienced, older candidates.
Examples of Discrimination in Employment, Pay, and Promotions
- Refusing Training Opportunities: An employer denies an older worker the chance to participate in new software or skill training, assuming they are less adaptable or won't stay with the company long enough to justify the investment.
- Unequal Pay: Older employees may find they receive a lower salary or fewer raises than younger employees for performing substantially similar work. This can be subtle, such as denying overtime hours or high-visibility projects that lead to higher bonuses.
- Denied Promotion: A highly qualified and high-performing employee is repeatedly passed over for promotions in favor of younger, less-experienced colleagues. The employer may offer vague excuses like the company needing "new energy".
- Targeted Layoffs: During a downsizing event, a company disproportionately lays off older employees. For instance, a mass layoff that targets higher-salaried workers may have an unlawful discriminatory impact on older employees who typically have higher salaries due to their tenure.
Examples of Discrimination Leading to Hostile Work Environments
- Age-Related Jokes and Harassment: A coworker or supervisor makes frequent offensive jokes about an employee's age, memory, or appearance. This hostile conduct can create an uncomfortable or intimidating work environment.
- Exclusion from Social Activities and Meetings: An older employee is consistently left out of team-building activities, after-work events, or important meetings and decisions. This isolation can be a tactic to make an employee feel unwelcome.
- Performance Reviews Drop Suddenly: After years of positive performance reviews, an older employee suddenly receives negative feedback. Employers may use these manufactured performance issues as a pretext for demotion or termination.
- Forced Retirement: A manager encourages or pressures an employee to retire, even though the employee has no intention of leaving. Suggestions that it's "time to slow down" or a buyout offer can serve as a push to exit the company.
Comparison: Common Age Discrimination Scenarios
| Scenario | Age Discrimination Example | Non-Discriminatory Counterpart |
|---|---|---|
| Hiring | Advertising for "digital natives" and only interviewing recent graduates. | Seeking candidates with specific technical skills and a track record of adapting to new technologies. |
| Promotions | Overlooking a 55-year-old for a promotion that a less-experienced 30-year-old receives, citing a need for "fresh ideas." | Promoting the 30-year-old based on quantifiable performance metrics and leadership skills, documented over time. |
| Layoffs | Disproportionately laying off older, higher-salaried employees during a restructuring. | Basing layoffs on objective, non-discriminatory criteria such as performance ratings or specific skill sets. |
| Comments | A supervisor frequently making jokes about a coworker's age, referring to them as "old-timer." | Occasional, non-targeted teasing that isn't severe or pervasive enough to create a hostile environment. |
How to Address Age Discrimination
If you believe you have been a victim of age discrimination, it is crucial to document all incidents and gather evidence. The first step for many is to file a complaint with the Equal Employment Opportunity Commission (EEOC). This action can initiate an investigation and may be a prerequisite for filing a lawsuit. Seeking advice from an employment lawyer is also recommended, as proving age discrimination can be complex.
Conclusion
Age discrimination is a persistent and complex problem that affects job applicants and employees alike. From targeted layoffs and denials of promotions to subtle harassment and biased hiring practices, its forms are varied and sometimes difficult to prove. Understanding these common examples is vital for recognizing unfair treatment and taking appropriate action. By documenting discriminatory behavior and understanding your legal rights, you can better protect yourself and contribute to creating a more equitable workplace.
Protecting Workers from Age Bias
Age discrimination laws, such as the Age Discrimination in Employment Act (ADEA), protect employees aged 40 and older from unfavorable treatment in all aspects of employment.
Document Everything
Keep detailed records of discriminatory comments, actions, dates, and witnesses. Documentation is crucial evidence for building a strong case.
Identify Patterns
Look for a pattern of bias, such as a company consistently hiring or promoting younger workers over equally or more qualified older ones. This pattern can provide circumstantial evidence of discrimination.
Seek Legal Counsel
Consulting with an experienced employment law attorney can provide a clear understanding of your rights and options for filing a complaint with the EEOC or pursuing a lawsuit.
Understand Disparate Impact vs. Disparate Treatment
Recognize the difference between intentional discrimination (disparate treatment) and a neutral policy that disproportionately harms a protected group (disparate impact). Both can be unlawful.
