Workers who are 40 years old or older have specific rights against age discrimination that are built into federal law. When these workers face discrimination or age bias, they may decide that they want to take legal action.
Age bias is sometimes difficult to spot, and it’s often just as hard to prove. Understanding some of the signs and learning how to prove these situations may be beneficial for aging workers.
Subtle signs of age bias
Subtle signs of age discrimination or bias include being excluded from technology projects, client meetings, training or leadership opportunities that younger workers are being offered. Being passed over for promotions, even if they’re more qualified than other workers, is also a sign.
Some subtle signs of age bias might not be evident to the employee. They may not hear direct comments about the worker being too old for a job, but the employee may see that patterns suggest age is affecting workplace decisions.
Even if an employee hears a comment about their age, a single comment doesn’t necessarily equate to age discrimination. However, repetitive comments and patterns of behavior may show discrimination. Some of the comments that might qualify as age discrimination include ones about an employee being overqualified, needing new energy or not fitting in with a younger culture.
Not every unfair workplace decision counts as age discrimination. Employers can make decisions based on performance or business needs. Those aren’t illegal as long as they aren’t made with an employee’s age in mind. When age discrimination occurs, the victim may opt to take legal action. Working with someone who’s familiar with these matters is critical since they can be complex.