Age discrimination is the act of treating someone unfairly because of their age. While this is a broad definition, the South Carolina Human Affairs Commission offers some clarity, explains that the Age Discrimination in Employment Act (ADEA) “forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”
How Do I Know If I'm Being Discriminated Against at Work Due to My Age?
Identifying age discrimination in the workplace involves recognizing instances where age becomes a determining factor in employment decisions or treatment, leading to unfair or unfavorable treatment of individuals based on their age.
What are some signs of age discrimination in the workplace?
From rapid changes in job duties and policies to unfair opportunities for advancement, age discrimination can create an incredibly uncomfortable working environment. Signs of potential age discrimination at work may include:
Biased Treatment: Being passed over for promotions or opportunities in favor of younger colleagues with similar qualifications and performance.
Coded Commentary: When company managers or leadership uses phrases such as “fresh faces” or “set in their ways” to refer to employees of certain ages, it can indicate age bias.
Unfair Policies: Witnessing policies or practices that disproportionately affect older employees or limit their opportunities compared to younger counterparts.
Sudden Changes: Abrupt alterations in job responsibilities, demotions, or sudden negative performance reviews without a valid basis.
Remember, age discrimination can be subtle and complex. Seeking advice from legal professionals and documenting instances of potential discrimination are crucial steps to understanding and addressing the situation.
Is Age Discrimination in The Workplace Illegal?
Discrimination or harassment based on age in the workplace is illegal under the Age Discrimination in Employment Act, or ADEA, in the United States. Harassment may include offensive remarks regarding an individual's age from the victim's direct supervisor, a supervisor from a different department, a colleague, or even a non-employee associated with the employer.
While the law doesn't restrict casual teasing, random comments, or occasional incidents lacking severity, it deems harassment illegal when it becomes frequent or severe, leading to a hostile work environment or influencing adverse employment actions, such as termination or demotion.
What You Can Do if You Suspect Age Discrimination at Work
If you suspect you're experiencing age discrimination, there are steps you can follow:
Document Incidents: Keep a record of discriminatory behavior, including dates, details of the incidents, and any witnesses whenever possible.
Consult an Attorney: Seek advice from a wrongful termination lawyer. They can evaluate your situation and provide guidance on your legal rights, options, and potential outcomes.
File a Complaint: Consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's fair employment practices agency. This step is often a requirement before filing a lawsuit.
Know Your Rights: Understand the protections provided by the ADEA and any state-specific laws regarding age discrimination.
Consider Mediation: Sometimes, resolving the issue through negotiation or mediation with your employer might lead to a favorable resolution without a drawn out litigation process.
It is important to remember that proving age discrimination can be complex, and the process and outcome can vary significantly based on specific circumstances. Consulting with an experienced lawyer will help you to determine the best course of action based on your situation.
Can I Sue My Employer For Age Discrimination?
If certain criteria are met, an employee can sue an employer for age discrimination. To establish a case of workplace age discrimination, an employee needs to meet three criteria:
The employee must belong to the protected age group, being over the age of 40.
The employee must also provide evidence of historically satisfactory job performance before adverse or negative actions were taken against them at work.
Lastly, the discriminated against employee must be able to show that similarly situated, but younger employees, were treated more favorably in the workplace. (It is important to note that while the younger employees must be significantly younger than the employee claiming age discrimination, they do not need to be under the age of 40.)
Addressing Age Discrimination in the Workplace
Age discrimination lawsuits, much like other legal proceedings, are unique to each case, making it impossible to establish a standard outline for resolution. The outcome of an age discrimination case can widely differ depending on the specific details and complexities involved. If you suspect you’re a victim of age discrimination in the workplace, contact an experienced workplace discrimination lawyer to discuss your options.
