And What To Do About It

Age discrimination may be unlawful, but it is unfortunately very common. According to the AARP, as many as 3 in 5 older employees have either witnessed or been subject to age discrimination at work. And while age discrimination may also affect people perceived as “too young,” it primarily affects older workers.

What Is Age Discrimination?

As common as it is, age discrimination can be very subtle.

The Age Discrimination in Employment Act (ADEA) designates age as a “protected characteristic” in the workplace. That means qualifying employers can’t discriminate against employees based on their age—in hiring, firing, work assignments, promotions, or any other career-impacting decision.

At the federal level, age discrimination protections only apply to those aged 40 and older. However, state-level statutes may extend that protection to people of other ages or any age. In New Jersey, for example, age discrimination can legally be said to occur for anyone aged 18 or older.

Age discrimination can be hard to spot, because employers often claim other reasons than age for career-impacting decisions. For instance, it can be difficult to tell whether a younger employee was promoted over an older one based on job performance reasons not related to age. Employers will often insist this is the case if their decisions come under scrutiny.

However, there are some tell-tale signs that can indicate age discrimination in the workplace—despite what employers say.

Signs of...

Read Full Story: https://blogs.lawyers.com/attorney/labor-and-employment/how-to-spot-age-discr...