You’re Being Discriminated Against Based on Your Age. Is there anything you can do?

Source: rocket50

By: Janet Peischel rocket50 Contributor

Date: July 25, 2023

While age discrimination affects millions of Americans, many workers are unaware of their rights and don’t know how to fight back. As an employee, you have the legal right to be free from age discrimination in the workplace. This means that your employer cannot make decisions about your employment based on your age, nor can they subject you to harassment or a hostile work environment because of your age.

Data indicate that age discrimination in the workplace is alive and well

While some employers believe outdated and inaccurate stereotypes, data indicate that older workers are actually more productive, more educated and more loyal than younger workers. Finding a balance in a multigenerational workplace is imperative, because workers are no longer retiring at 65. The following data is from career experts Zippia:
67% of workers aged 40-65 plan to continue to work after they turn 66.
Between 2011 and 2021, 207,315 U.S. workers filed age discrimination claims with the EEOC.
In 2021 alone, there were 12,965 age discrimination charges filed with the EEOC.
Still, more than 50% of coworkers who witnessed instances of age discrimination did not report it.
While age discrimination is prominent across industries, as many as 70% of older workers in the technology industry report experiencing or witnessing ageism.
Between 2020 and 2021, age discrimination charges accounted for 21% of all charges filed with the EEOC.
Although older adults are brought in for interviews at a rate similar to younger applicants, older workers are offered jobs 40% less frequently than younger candidates with similar skills.

Examples of age discrimination

These age discrimination incidents remind me of the #metoo movement. We boomers have learned to tolerate discriminatory behavior because we assume that it’s inevitable. But that doesn’t make it right or legal. The following are examples of age discrimination, and I suspect many of us have seen or experienced these kinds of interactions.

• A manager specifies that he/she wants a less experienced colleague to get a promotion, stating that a more qualified team member is too old to lead a team. 
• An employer may practice ageism by encouraging someone to retire by offering attractive retirement benefits.
• There’s a pattern of hiring only younger employees.
• You’ve been turned down for a promotion for which you were clearly in line.
• Being overlooked for challenging or interesting projects when new teams are being formed or when there is training for new initiatives or education opportunities.

Age discrimination can be difficult to prove, as it takes place behind closed doors and can be justified as a legitimate business decision. 

A quick case study: No employees over 25–not a good fit for Curtis
Curtis is a 57-year-old graphic artist who claims that Sell-It Inc., an advertising firm, has discriminated against him based on age by publishing an advertisement that he believes clearly deters older persons from applying. Sell-It's ad stated:
"Young-thinking, 'new wave' progressive advertising firm has openings for entry-level position for graphic artist with no more than four years' experience. We specialize in music videos and broadcast productions for a youthful audience. Our main focus is in the area of animation. Our clients include famous pop and rap stars. If you have fresh, innovative ideas and can relate to our audience, send your resume." 

It turns out that Sell-ItSell-It has no employees over 25 years. Sell-It also turned down two fully qualified graphic artists, ages 54 and 61, who were willing to work at an entry-level salary, even though both possessed more than four years of experience.

The effects of age discrimination on employees

The effects of age discrimination can lead to financial hardship and job loss, but it also can have a significant impact on an individual's mental and emotional wellbeing. Older workers who experience age discrimination often report feeling isolated, undervalued and disrespected. This can lead to a decline in job performance as well as increased stress, anxiety, and depression. The loss of confidence can be especially serious if older workers are laid off and have to find another job, which is increasingly challenging for those over 40. 

Steps to take if you experience age discrimination in the workplace

Start keeping a log right now. Recording incidents is critical. Begin documenting comments and actions you believe were driven by discrimination. Keep records, including emails. A timeline is also helpful, especially if it shows retaliation after you filed a complaint. Recording this information may be in conflict with state or company policies, so do some research about company policies. Identify subject and dates. If a case proceeds to a legal proceeding, documents can be obtained from the company network.

Talk with your supervisor. If you have a good relationship with your supervisor, this is the first step. It doesn't have to be a formal complaint to start. Sometimes the issues can be addressed in an informal conversation. If your supervisor has your back, perhaps that person can do an intervention. It may be that there are hostility or personal problems. There may be a possibility of transferring to another department. It may be that the supervisor has received complaints from other employees as well and it’s time to address unacceptable performance.

What if your supervisor is the problem?

If your company has an HR department, that would be the logical next step. Lodge a formal complaint and show your documented timeline of discrimination. If not, look for someone in an authority position whom you trust and who understands the dynamics. In general, when someone acts outside acceptable standards, other employees are aware of that person’s behavior. It doesn’t happen in a vacuum. If you can’t find anyone to take you seriously and intervene, it’s time to escalate.

File a complaint with the EEOC or seek legal counsel. It is important to act quickly and decisively to protect your rights and ensure that the discrimination does not continue.
How to proactively fight age discrimination in the workplace: Stay updated on technology and skills
It is important to be proactive and prevent discrimination from occurring in the first place. This can be done by educating yourself and others about age discrimination, promoting diversity and inclusion in the workplace, and advocating for policy changes that protect older workers.

There’s a perception that older workers don’t stay on top of technology.

If that’s the case, you need to take steps to enhance your skills and knowledge, seek additional training or education. Network with other professionals in your field, and stay up-to-date on industry trends and developments.

Common misconceptions about age discrimination in the workplace

Age discrimination isn’t just older workers–it applies to all ages, including younger workers who are perceived as inexperienced or lacking in technological skills.
Another common misconception is that age discrimination is a normal part of the hiring and promotion process. It’s not. It is possible to have a multigenerational workforce.

Be aware of not-so-subtle age discrimination in job postings

"Applicant must be young and energetic and possess excellent customer relations skills.”
“Applicants who are selected would be required to stand for long periods of time and to lift 25-35 pounds."
“Closely knit group, hardworking, high energy, fast-paced, etc.” What this ad implies but doesn’t actually state is that you really need to be young to get along in this group. No older worker would ever envision him/herself being a fit for this position. 

The legal framework: EEOC and age discrimination organizations

Fortunately, there are laws that protect workers from age discrimination. 
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals who are 40 years of age or older. The ADEA applies to employers with 20 or more employees and covers all aspects of employment, including hiring, firing, promotions, and benefits.

In addition to the ADEA, there are other federal and state laws that protect workers from age discrimination, such as the Americans with Disabilities Act (ADA)
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing these laws and investigating claims of age discrimination. Supreme Court Justice Clarence Thomas was the head of this agency for 7 1/2 years. In that time he redefined how the federal government handled job/age and other discrimination complaints. "As chairman of the EEOC, I hope to reverse this fundamentally flawed approach to enforcement of the anti-discrimination statutes," he said in 1985, the third year of his term. Critics believe that the agency mishandled hundreds of age discrimination complaints and that he gutted the agency. At the very least, he’s made it more difficult to bring and win a discrimination case. Call 800-669-4000 for help in sending an inquiry through your local EEOC office.) 

Employer responsibility: Preventing and addressing age discrimination

Employers also have a responsibility for preventing and addressing age discrimination in the workplace. Employers also should take complaints of age discrimination seriously and investigate them promptly and thoroughly. If discrimination is found to have occurred, employers should take appropriate disciplinary action and implement policies and procedures to prevent it from happening again. It’s their responsibility to create a culture that values employees of all ages.

Conclusion: Moving forward and advocating for change

Understand that you, as an employee, have rights to an equitable workplace that’s inclusive and free of discrimination. 
If you believe you’re being discriminated against, the first and most important step is to start documenting discriminatory interactions and communications, including emails. 
Start to escalate your concerns, beginning with your supervisor. If your supervisor is the problem, look to the HR department or someone in an authority position who will hear your concerns.
Talk to a lawyer and contact the EEOC and/or ADEA. Seek additional training or education so that you’re securing your position as a valued member of the team.

Janet Peischel is a rocket50 writer and the Owner of Top of Mind Marketing. She writes about lifestyle issues, products and trends of the  50+ population. “We represent a huge market that’s vocal, active, and determined to stay active and involved!”

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