For many workers, however, it’s challenging to know when behaviors cross the line into unlawful discrimination — and what they can do about it if it does. Let’s say, for example, that Stewart is 56 and he’s working in marketing at a popular software company. Unfortunately, his young new manager has begun routinely making what feels like rude comments about Stewart’s age.
Stewart feels uncomfortable and worries about his job prospects under a manager who values youth over experience. But he isn’t sure whether to let the manager’s actions go or take action. Here’s what employment law experts had to say.
While Stewart has a few options, one thing is clear: He shouldn’t ignore his manager’s inappropriate comments.
“It’s very important you don’t dismiss what’s happening, even if the comments or jokes seem subtle,” Anthony Michel, an employment law attorney at Michel, Allen, & Sinor, told Moneywise. “The federal Age Discrimination in Employment Act (ADEA) protects employees who are 40 or older from discrimination because of their age.”
However, Michel said that simply hearing comments alone won’t always give rise to a legal claim.
“The comments need to be connected to an adverse employment decision or form part of a pattern of age-based treatment,” he explained.
Stewart will have to prove that a pattern exists, so he should start laying the groundwork immediately.
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