What can I do about Age-related Discrimination?

This article originally appeared on USA Today's Ask HR on September 24, 2019.

Question: I am an older worker, and my boss has been attributing what he deems my shortcomings to my age. He has told me he believes I have early-stage dementia. He gets upset when I don't react to his insults and tantrums. He threw a set of keys at me, and although they didn't hit me, he dented my desk and broke the key tag. I need to work, but finding a full-time job has been extremely difficult. What can I do, and how do I talk to HR about this? Can he be fired? Do I have an ageism suit on my hands? – Anonymous

Johnny C. Taylor Jr.: I first want to say how personally and professionally disturbed I am by the conduct you describe. No one should be subjected to such appalling treatment at work – or anywhere, for that matter.

Attributing perceived job performance issues to your age, lobbing age-related insults at you, and having tantrums appear to fit within the framework of workplace harassment. Further, his allegation that you have dementia was demeaning, and throwing a set of keys at you with enough force to dent your desk was, at the very least, threatening.

And while this behavior has no place at work, additional information may be needed to assess if the behavior meets the standards of age discrimination.

Age discrimination, or “ageism” as you refer, involves treating an employee 40 or older less favorably because of his or her age. Age-related harassment includes offensive or derogatory comments, jokes or other actions that may be threatening or demeaning. On the other hand, workplace harassment includes conduct that is severe, pervasive or both; results in unreasonable interference with the individual’s job performance; and creates an offensive, intimidating, “hostile” work environment. None of which are age-related. Either way, your employer can’t address or stop harassing behaviors if they don’t know about them. So, first and foremost, meet with a member of the HR department to discuss your manager’s conduct. Prior to this conversation, do your homework by documenting all interactions of concerning and offensive behavior. This essentially helps you build your case.

When you meet with HR, describe the harassing behaviors, when and how often the harassment occurred, and the names of others who witnessed or may also have been targets of his conduct. Finally, ask HR to discuss the investigation process and how you’ll be protected against retaliation for coming forward with a complaint.

HR’s role at this point is to conduct a fair and thorough investigation, looking at both sides of the story. Your boss may, in fact, be fired if your employer determines there is enough evidence to warrant it.

In the interim though, focus on continuing to perform the essential duties and functions of your job and display a professional attitude.

Harassment is never OK under any circumstances, but employers and society as a whole must do more to stop age discrimination in its tracks. It’s never OK to think less of someone for being older – or younger for that matter. It’s demeaning and just wrong. Older workers are invaluable to our talent pipeline and should not be overlooked or disrespected.