What Qualifies as Age Discrimination

If you’ve ever felt singled out or unfairly treated at work because of your age, you may be wondering what qualifies as age discrimination. Age discrimination occurs when an employee or job applicant is treated less favorably because of their age, typically when they are 40 years or older. At The Cartwright in Santa Rosa, we understand how challenging these situations can be and are here to help protect your rights under state and federal laws.

Signs You’re Facing Age Discrimination in the Workplace

Age discrimination in the worksite often presents itself in subtle but harmful ways. Employees may notice patterns that suggest unfair treatment based on age rather than merit or performance. Common signs include:

• Unjustified job terminations or demotions: Employers might push older employees out of roles without reason.
• Unequal pay or benefits: Employers may limit raises, bonuses, or benefits for older workers, favoring younger staff.
• Hiring biases: Some employers may avoid hiring older applicants, assuming they lack younger candidates’ adaptability or technical skills.
• Negative stereotypes or comments: Supervisors or coworkers might use phrases like “slowing down” or “not a good fit for new challenges.”

Under the Age Discrimination in Employment Act (ADEA), employers are unlawfully prohibited from unfairly treating workers 40 or older based on age.

What is Age Discrimination?

Age discrimination is any action unfairly disadvantages a worker due to their age. It can occur during any stage of employment, from the hiring process to termination. This includes:

• Denying older employees training opportunities or promotions.
• Selecting younger employees for layoffs or restructuring without objective justification.
• Instituting policies or practices that disproportionately harm older workers, even if not overtly discriminatory.

The Department of Commerce notes that such actions may involve overt exclusion or more implicit biases rooted in workplace culture or assumptions about older individuals.

The Difference Between Discrimination and Harassment

While related, discrimination and harassment are distinct under employment law. Discrimination refers to unfair treatment or decisions based on age. Harassment, on the other hand, involves creating a hostile work environment through inappropriate behavior, such as:

• Repeated age-based jokes or insults.
• Threatening or intimidating actions aimed at older employees.

Harassment becomes illegal when it is severe enough to interfere with an employee’s ability to perform their job. Employers are legally required to take steps to prevent and address such behavior.

What to Do About Age Discrimination: Legal Options Available

Employees facing age discrimination have multiple legal options to protect their rights. Start by documenting any instances of unfair treatment, including dates, details, and communications with supervisors. Next:

• File a complaint: Report the issue to your HR department or supervisor to give your employer a chance to address the behavior.
• Contact the EEOC: File a formal complaint with the Equal Employment Opportunity Commission, which enforces federal age discrimination laws.
• Seek legal advice: Consulting with an employment attorney ensures you understand your rights and options for pursuing compensation or reinstatement.

If your complaint is ignored or retaliation occurs, it may be necessary to escalate your case to legal action.

Contact Experienced Attorneys at The Cartwright in Santa Rosa

Age discrimination can derail your career and financial stability, but you don’t have to face it alone. At The Cartwright, our team of skilled attorneys is ready to help you fight for justice and fair treatment in the workplace. Contact us today to schedule a consultation with an experienced age discrimination attorney in Santa Rosa.