Age Discrimination In The Workplace: What To Look For When You Think You Might Have A Case

Discrimination has a long and dark history in the United States, the word often conjuring up horrible memories of racial discriminatory practices that were once commonplace in the country and some which still sadly exist today. But while race is the most widely recognized form of discrimination, it’s not the only one that a person may face in the workplace. Ageism is another common form of discrimination that has crept up in many workplaces, and it is both illegal and unacceptable.

Why Might An Employer Discriminate Based On Age?

There are several reasons why an employer may practice age discrimination. Some of them are more crass than others, but all are worth calling out, and in many cases even challenging legally in court. We want to take a look at a few of the reasons why employers have been known to discriminate based on age to help make more sense of what is happening.

Stereotypes

Stereotypes exist about race, gender, sexuality, political and religious group, and even age. Those stereotypes often interfere with genuine judgments about a person, and they are frequently misguided and misleading. One stereotype that exists about older workers is that they are less productive and slower moving than their younger counterparts. Those workers, whether seniors or just older than most of the staff in their workplace, may be considered over-the-hill and out of touch, and therefore unable to keep up physically and mentally. This stereotype has existed for so long that it has started to become self-fulfilling, says  theladders.com :

Unfortunately, these preconceived notions about older workers often turn out to be a needless self-fulfilling prophecy, according to a new set of research just released by the University of Basel in Switzerland. Essentially, many older workers end up believing these cultural stereotypes about themselves even when they aren't true, inevitably leading to an entirely avoidable decline in one's quality of work and social distance from co-workers.

A belief that becomes so ingrained in the psychology of workers surely can't be helpful to cultivating a pleasant work environment for all. Ironically, employers who discriminate based on age are helping to fulfill the very narrative that they are creating about these workers.

Benefit Avoidance

Employers constantly monitor their budgets and bottom lines. They are worried about spending money unnecessarily or not hitting profitability targets they have laid out for themselves at the beginning of the year. Thus, many employers believe that they have no choice other than to cut labor costs to the bone.

One of the costs that consumes an increasing amount of corporate budgets is health insurance benefits. Such benefits get more expensive by the year as the healthcare system in the United States continues to spiral out of control in terms of fees. Employers frequently assume their more senior aged staff are consuming too large of a portion of the health insurance budget and try to cut those people loose (or avoid hiring them in the first place). This is a textbook example of age discrimination in the workplace.

A Preference For A Younger Age Demographic

Among the most egregious reasons why employers might avoid hiring older people is simply the fact that they just do not care to be around more advanced aged workers. Youth is highly valued in our society, and some employers are upfront about their preference to hire people who are younger. They rarely outright say that they will only hire younger workers, but there are often keywords and phrases that employers use to tip their hat that they are interested only in hiring younger workers. This feels like a slap in the face to those who are more experienced and qualified for the position, but are left out of these job opportunities, and it is another way that discrimination rears its ugly head.

Signs That You May Need To Take Legal Action

Most people don’t like the idea of taking legal action over nearly anything. Many are conditioned to believe that the only people who file lawsuits are those looking for an easy payday to avoid having to do real work for their money. That is not the case, since hitting someone in the wallet is often the only way to punish their bad behavior. It is important to recognize the signs that you may be the victim of age discrimination and should take action to correct this mistreatment.

Unpleasant Job Assignments

Have you recently been assigned to undesirable tasks at work on a repeated basis without any real explanation? This could simply be a short-term coincidence, but if it has become a pattern, then something else may be afoot. The American Association of Retired Persons (AARP)  advocates for the 50-and-older age group in America and has this to say about job reassignments:

Job reassignment can be the clearest sign that they're trying to replace you or get you to quit, advises Suzanne Lucas, a human resources expert who blogs about the workplace at EvilHRLady.org. How to avoid this? "As you get older, what you need to be careful about is to be continually growing and improving on the job," she says. It is not as though someone should run to a lawyer at the first moment they are given a job task that they do not like. However, there are certainly circumstances in which being assigned particular assignments could be discriminatory.

Crude "Jokes" Made About Your Age

Jokes and humor are a natural part of most workplaces, but it is important to recognize when that humor goes too far. There is no reason why a joke should be made about a characteristic that a person is unable to change about themselves such as their age, race, gender, or sexuality.  These types of jokes are inappropriate  in the workplace and can be highly discriminatory and harmful. It is important to note when these instances occur so that they may be presented in court as evidence of age discrimination.

You Receive Unfavorable Reviews Without Warrant

Employees sometimes first notice that something is amiss when they begin to receive unfavorable annual reviews from their employer after having never had any issues in the past. If there is no legitimate reason to question or criticize your performance over the last year, then your employer may simply be looking for—or creating—a pretense to dismiss you. This is precisely the moment that you need to contact an attorney.

We are here to serve you and ensure that you are not discriminated against by your employer. Everyone deserves to be treated equally in the workplace and be given the same opportunities as any other qualified candidate. If that is not happening, then you should contact us for advice on the next steps to take to make things right again.