Age Discrimination at Work
Get AARP Foundation insights, commentary, and analysis every month with our Profiles on Foundation Leaders series. This month’s column features reflections from AARP Foundation Senior Vice President William Alvarado Rivera.
How to spot it and what you can do about it.
Age discrimination in the workplace is relatively easy to define, but it can be trickier to address. Knowing how to recognize when age is the basis of discriminatory treatment is the first step; knowing what your options are for addressing such treatment gives you the power to make good choices as you seek a resolution.
Basically, workplace age discrimination is treating someone differently on the basis of age with respect to any term or condition of employment. That can include the hiring process, promotions, terminations — or the everyday climate and culture of an organization that treats older workers and jobseekers negatively.
Older workers who lost their jobs in the last couple of years are having a disproportionately more difficult time being rehired.
Like any other form of discrimination, age discrimination is fundamentally wrong. But it’s alive and well and seems to be thriving as a result of the pandemic. Older workers who lost their jobs in the last couple of years are having a disproportionately more difficult time being rehired. The Equal Employment Opportunity Commission (EEOC) received over 12,000 age discrimination complaints last year alone. And even before the pandemic, an AARP survey revealed that some 62% of workers over 50 had seen or experienced age discrimination in the workplace.
As Jacquie Johnson, a participant in AARP Foundation’s BACK TO WORK 50+ program, put it, “Age discrimination is real.”
In the hiring process, it manifests in job descriptions that use language to discourage older applicants — phrases like “recent college graduate,” “digital native,” or “energetic person sought for a young company.” During an interview or on an application, if an employer asks your age or graduation date, that’s also a sign of ageist behavior. The AARP survey showed that 60% of jobseekers had been asked for age-related information.
At work, age discrimination can crop up in a number of situations, including:
- Older workers raising their hands for opportunities for training, promotions, and interesting projects but always being passed over for younger workers.
- Comments that older workers don't understand technology and social media or can't work as hard — claims that studies have disproven.
- Lay-offs or job eliminations only among older workers, with younger workers picking up their responsibilities under a different job title.
As pernicious as age discrimination itself is, it’s equally problematic to prove. So it’s important that you take appropriate steps to address it, because in addition to being unfair, age discrimination can also be illegal, thanks to the Age Discrimination in Employment Act, which protects workers 40 and older.
The most important step you can take is to document instances in real time, and in great detail. Then you have several options for moving forward. Here are five important steps to take:
- Keep a log. Document any discriminatory actions or comments.
- Talk to co-workers about your experiences. You may uncover a pattern of age discrimination, and it always helps to know you’re not alone.
- Talk with a supervisor. Sometimes the situation can be resolved in an informal setting. If not…
- Go through the formal process and lodge a complaint with the company, whether it's through the human resources department or a higher-level manager. Make sure your concerns and observations are in writing.
- Consider talking to a lawyer, who can educate you on your options. These might include submitting an inquiry to the U.S. Equal Employment Opportunity Commission (EEOC) or filing a lawsuit.
It can be easy to get discouraged in the face of unfair treatment based on your age. So keep in mind that studies indicate that older workers bring expertise, experience and perspective to their work; their value has been demonstrated across a range of attributes, including knowledge base, adaptability, job attendance, communication skills, work ethic, and loyalty.
Smart employers realize an age-diverse workplace is a better, more efficient, and more productive workplace. Fighting age discrimination is thus good for both you and your employer.
Senior Vice President, Legal Advocacy
OFFICE MANAGER - CENTURY TOWING SERVICE, INC.
2 年I worked for a company that it was well know among the older workers that once you reached 50 (non management) you were on borrowed time. And to get your severance package you basically signed away your right to sue them for a year knowing that it would be no good after that.