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Can an employer ever discriminate because of age?

On Behalf of | Jan 27, 2025 | Workplace Discrimination

If you miss out on a job opportunity or promotion, or have your contract terminated, you might think discrimination is at play. One possible explanation is that you may believe your employer treated you this way because of your age.

Age discrimination by employers is unlawful but you might not always have a case. Here are two exceptions when discrimination based on your age might be lawful:

If you don’t meet the minimum age

Some jobs have legal minimum ages. For example, a seventeen-year-old cannot get work serving alcohol.

If you are under 40

You are in your mid-30s and apply for a job with a new firm. When you go to the interview it is obvious that you are much older than anyone working at the company. They all seem to be just out of college. You are not surprised when you don’t get the job as they made it clear they were expecting someone younger to show up. Unfortunately, in a case like this, you cannot claim age discrimination, even though your age may well be the reason you lost the job. Age discrimination only kicks in as a legal concept once you turn 40.

If your age prevents you from doing your job safely

Certain professions have maximum ages beyond which someone cannot work. For example, firefighters and air traffic controllers. The limits were put in place long ago because safety is so crucial in those roles and age can affect our mental and physical faculties.

An employer would also be allowed to end your employment if you no longer have the physical strength or speed to perform the job, even if you had those physical abilities when you were younger. Provided they could show that it is not your age at stake here, but your ability to do the job. 

The upshot is that aside from those few exceptions, you may well have legal options to explore if you feel an employer decided against you because of your age.