Four Common Types of Age Discrimination

Under the Age Discrimination in Employment Act and California’s Fair Employment and Housing Act, it is illegal for employers to discriminate against employees and job seekers who are aged 40 and over. However, age discrimination remains a huge problem in California and the United States in general. Research suggests that almost 80% of older workers have seen or experienced age discrimination in the workplace. This is an alarming statistic.

Age discrimination can manifest in many different ways. However, some forms of age discrimination are more common than others. Below are four of the most common types of age discrimination;

#1: Job Termination

Employers sometimes fire older employees under the guise of other reasons when, in reality, the reason for the termination is the employee’s age. This is known as wrongful termination. For instance, an employer may fire an older employee under the guise of restructuring or downsizing when, in reality, the reason for the termination is the employee’s age. Another way of getting away with wrongful termination is by calling the termination a “job elimination.” The employer might claim they are eliminating your job title, only for them to create a similar job position with a different title soon after and fill the post with a younger employee.

#2: Refusal to Promote

Denial of promotion is another common type of age discrimination in the workplace. An older employee may apply for a promotion they are qualified for, only for them to find out that a younger employee with less qualifications and experience got the promotion. Employers sometimes favor younger workers for promotions over older, more skilled workers because of the assumption that younger workers are more energetic and able to adjust or change. Older workers are seen as unable to handle and adapt to changes in the workplace. They are seen as being unwilling to learn and acquire new skills.

#3: Negative Comments Regarding Age/Hostile Work Environment

Employers are not the only ones guilty of discriminating against employees due to their age. Other workers, supervisors, managers, and other people in the workplace may engage in age discrimination by making negative comments regarding a person’s age. In doing so, they are creating a hostile or toxic work environment. Such an environment is uncomfortable for older workers and can make older workers feel isolated. Even comments intended as jokes can result in a toxic or hostile work environment and make older workers feel uncomfortable or isolated.

#4: Age Discrimination in Job Ads

Age discrimination in job advertisements is quite common. Some advertisements explicitly mention age preferences. For example, a job ad may state, “We are looking for young and dynamic candidates.” Some job ads even specify an age range. Some terms in job ads might imply that older workers should not apply. For example, words like “digital native” could indicate a preference for younger individuals. Additionally, some employers set requirements that align with a specific age range.

Contact a California Employment Lawyer

If you believe you or someone you know has experienced age discrimination in the workplace, talk to an experienced California employment lawyer near you.