Age discrimination in the workplace can affect an employee at any stage of employment, from hiring and promotions to compensation, layoffs, and termination. Federal law provides important protections for workers who are treated unfairly because of their age, particularly those who are 40 or older. Understanding these protections can help employees recognize potentially unlawful employment practices and take appropriate steps to protect their rights.

The ADEA age discrimination protections come primarily from the Age Discrimination in Employment Act of 1967 (ADEA). The law generally protects employees and job applicants who are at least 40 years old from discrimination based on age. The ADEA applies to covered employers and prohibits age-based discrimination involving important aspects of employment, including hiring, firing, promotions, compensation, assignments, benefits, and training.

What Is the ADEA?

The Age Discrimination in Employment Act is a federal employment law designed to protect older workers from unfair treatment because of their age. The law reflects the principle that employment decisions should be based on an individual’s qualifications and ability rather than stereotypes or assumptions about age.

Under the ADEA, covered employers generally cannot make employment decisions against individuals who are 40 or older simply because of their age. The law applies to both current employees and job applicants.

The ADEA generally applies to employers with 20 or more employees, including certain state and local government employers. Other federal, state, or local laws may provide additional protections depending on the circumstances.

Examples of ADEA Age Discrimination

Age discrimination does not always involve an employer openly stating that an employee is being treated differently because of age. Sometimes the evidence is indirect and appears through workplace decisions, comments, policies, or patterns of treatment.

Potential examples can include refusing to hire a qualified applicant because the employer wants a younger workforce, passing over an older employee for promotion in favor of a less-qualified younger worker, terminating an employee because management believes the person is too old, or selecting older workers disproportionately during a reduction in force.

Other potential examples include reducing compensation because of age, assigning undesirable duties based on age-related assumptions, excluding older employees from training opportunities, or using age-related stereotypes when evaluating performance.

The EEOC explains that employers may not discriminate based on age in hiring, promotions, assignments, compensation, discipline, discharge, layoffs, and other terms and conditions of employment.

Age-Based Harassment in the Workplace

Age discrimination can also take the form of workplace harassment. Occasional comments or teasing may not always meet the legal standard for unlawful harassment, but repeated or sufficiently serious age-based conduct can create a legally actionable hostile environment.

Examples may include repeated insults about being “old,” offensive jokes about older employees, derogatory comments about retirement, or statements suggesting that an employee is incapable of learning new technology because of age.

Harassment can come from a supervisor, coworker, or even someone outside the employer, such as a customer or client, depending on the circumstances.

Discrimination in Hiring and Promotion

Older workers may encounter age discrimination before they are even hired. An employer generally cannot discourage qualified applicants who are 40 or older from applying because of their age.

For example, an employer could potentially create a legal issue by using age-related stereotypes to decide that an older applicant will not fit into a workplace culture or will not be able to learn new systems. Employment decisions should generally be based on legitimate qualifications and job-related considerations rather than assumptions about age.

Similarly, employers cannot base promotions or job assignments on age-related stereotypes. The EEOC specifically identifies hiring, promotions, assignments, and other employment decisions as areas where age discrimination may occur.

Age Discrimination in Layoffs and Termination

Layoffs and terminations can raise significant age discrimination concerns, particularly when older employees appear to be selected because of their age rather than legitimate business reasons.

An employer may have a lawful reason for reducing its workforce, but the selection process cannot unlawfully discriminate against employees because they are 40 or older. Evidence such as comments about older employees, inconsistent explanations, unusual changes in performance evaluations, or a pattern showing that older workers were disproportionately affected may be relevant when evaluating a potential claim.

However, the fact that an employee is older and loses a job does not automatically establish discrimination. Employment decisions can be based on legitimate factors unrelated to age. The surrounding evidence and circumstances are important.

ADEA and Workplace Policies

Age discrimination is not limited to obvious individual decisions. Certain workplace policies or selection procedures may disproportionately affect workers who are 40 or older.

The EEOC recognizes that the ADEA can address practices that have a discriminatory impact on older workers, subject to the statutory standards and defenses. In particular, an employer may defend certain practices by showing that the challenged action was based on a reasonable factor other than age.

This makes the details of a workplace policy important. A neutral rule is not necessarily unlawful simply because older workers are affected, but the circumstances surrounding the rule may need careful legal analysis.

Retaliation for Reporting Age Discrimination

Employees have protections against retaliation when they oppose unlawful age discrimination or participate in an investigation or proceeding involving an age discrimination complaint.

For example, an employee may raise concerns with human resources, report suspected discrimination to management, file a charge with the appropriate agency, or participate as a witness in an investigation. An employer generally cannot retaliate against the employee simply because the employee engaged in protected activity under the ADEA.

Retaliation can potentially involve termination, demotion, reduced responsibilities, undesirable assignments, harassment, or other adverse treatment. Whether a particular action qualifies as unlawful retaliation depends on the facts and applicable law.

How Can You Document Possible Age Discrimination?

Documentation can be important when evaluating a potential employment discrimination claim. Employees who believe they are experiencing age discrimination may want to preserve relevant employment records and communications, subject to workplace policies and applicable legal restrictions.

Useful information may include performance reviews, emails, text messages, written warnings, job advertisements, promotion decisions, termination documents, compensation records, and communications containing age-related comments.

It can also be helpful to maintain a factual timeline of important events. Record dates, participants, what was said or done, and how the employment decision affected you. Avoid altering records or taking confidential company information that you are not legally entitled to possess.

Filing an Age Discrimination Claim

Workers who believe their rights have been violated may have options for pursuing a complaint through the Equal Employment Opportunity Commission (EEOC) or through other available legal procedures.

Deadlines are particularly important. The ADEA contains specific requirements concerning the timing of administrative charges and lawsuits, and the applicable deadline can depend on where the alleged discrimination occurred and other circumstances. The EEOC explains that filing periods can vary, so waiting too long may affect a person’s legal rights.

Because employment deadlines can be complicated, a worker who suspects age discrimination should consider obtaining legal advice promptly rather than assuming there is unlimited time to act.

When Should You Speak With an Employment Attorney?

An employment attorney can review the facts surrounding a potential age discrimination claim and help determine whether the circumstances may support a legal case. This can be particularly useful when the situation involves termination, a reduction in force, denial of promotion, unequal compensation, harassment, retaliation, or questionable employer explanations.

An attorney may also help evaluate available evidence, applicable federal and state laws, administrative filing requirements, and potential remedies. Because every employment dispute is different, legal advice should be based on the specific facts rather than general information found online.

Conclusion

The ADEA provides important federal protections for workers who are 40 or older against discrimination based on age. These protections can apply to hiring, promotions, compensation, workplace assignments, layoffs, termination, harassment, and other employment decisions.

Recognizing potential discrimination early and preserving relevant documentation can make it easier to understand what happened. If you believe your employer has treated you differently because of your age, consider reviewing your situation with a qualified employment attorney and paying close attention to applicable filing deadlines.

This article provides general legal information and is not a substitute for advice from a qualified attorney. Employment discrimination laws can vary depending on the facts, jurisdiction, employer, and type of claim.