Ageism in Tech: When to Call an Employment Lawyer

Older tech workers are often unfairly passed over for jobs and promotions or laid off in favor of younger employees. There is a recent trend of ageism in tech companies like Amazon or IBM, so it is important to understand the signs and your rights. If you have experienced age discrimination at a company like Amazon or another tech firm, here are some legal options you can pursue.

What is Ageism?

Ageism is the act of being prejudiced against an employee due to their age. This could apply to any aspect of employment, which includes hiring, firing, layoffs, training, benefits, promotions, job assignments, pay, and various other conditions. This unlawful conduct is protected under age discrimination laws such as the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination against workers who are 40 or older.

Ageism is very common in the tech industry. Employers may tend to favor candidates who are younger, able to adapt quicker, tech-savvy, and up-to-date. Tech employers focus on staying “cutting-edge,” which often leads to a preference for these younger individuals. These companies may also have a financial incentive in overlooking older workers since they can often pay lower salaries for younger, less experienced employees. Although these issues are especially visible in the tech industry, age discrimination is a widespread issue across nearly every sector.

Age Discrimination Examples

Ageism materializes in different forms. For the purpose of this article, the focus will be on older employees. Here are a few examples of ageism in the workplace:

Bias in hiring and promotion

When companies make employment decisions to hire an individual or promote employees to a higher role, they may evaluate them based on their age. Younger workers are often seen as more attractive candidates because they bring fresh ideas and show greater determination. As a result, employers may favor them over older individuals in these decisions.

Training & Development

Older workers can often be passed up for training and development opportunities because companies may not believe they are worth the investment. This stems from an assumption that older workers are close to retirement, slow to adapt, or resistant to learning.

Project Assignments

Ageism in assignment occurs when older employees are given tasks that are less challenging, slow-paced, and unrelated to technology. This may be under the assumption that older workers may not be able to adapt or are less capable of handling demanding work.

Pressure to Retire

Feeling pressured to retire refers to the involuntary job termination of an older worker. This could result from a company downsizing or restructuring. There are also instances where employees may be required to retire at a specific age, regardless of their job performance, or face a reduction in their benefits due to their age to prompt them to retire.

Layoffs

For example, ageism can occur when a company announces layoffs and most of the affected employees are over the age of 50.

Case Focus: Tech Giants and Ageism

Google

Google settled a lawsuit with workers for $11 million after plaintiffs claimed the company discriminated against older individuals in hiring. Many plaintiffs stated that they were encouraged by Google recruiters to apply multiple times yet were not hired due to their age. Google’s workforce is comprised of around 30,000 employees and has a median age of 29. When compared to similar industries and sectors, the median age is 41. Despite the settlement, Google denied the allegations of discrimination and claimed that its hiring decisions were based on factors unrelated to age.

IBM

In 2021, sixteen plaintiffs brought an age discrimination case against their former employer, IBM, over their employment termination. They alleged that IBM aimed to replace older employees with younger ones in an effort to rebrand. They claim it was a scheme to discharge older workers. The plaintiffs claimed that discriminatory policies were implemented at IBM, which included giving older employees lower performance reviews and protecting early-career professionals from layoffs. Over those six years, more than 200,000 workers over the age of 40 were discharged from their roles. This is a clear indication of the longstanding discrimination against older workers.

Amazon Web Services

Joanne Stockwell recently filed a complaint against Amazon Web Services for wrongful termination and discrimination based on her gender and age. She claimed that an internal restructuring of management and responsibilities significantly reduced the representation of women in leadership. After raising these concerns, Stockwell says she was demoted and placed on a performance improvement plan despite receiving positive feedback and recognition for her work. She explained that these plans are typically used to remove underperforming employees. As part of a reorganization, she was laid off along with others, 60% of whom were aged 40 or older.

Your Rights Under the Law

You are protected in the workplace regardless of your age. Under the Age Discrimination in Employment Act of 1967 (ADEA), you cannot be disadvantaged by your age in any employment decisions. It is unlawful for an employer to refuse to hire, discharge, or discriminate against an individual with respect to their compensation, conditions, terms, or privileges because of their age.  An employer also cannot deprive an individual of employee opportunities or reduce their wage rate because of their age.

If you are concerned about employer retaliation, remember that you have legal protections. The EEO protects employees who engage in “protected activity” from retaliation. An example of “protected activity” is filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.

How an Employment Lawyer Can Help

If you are experiencing age discrimination in the workplace, consider reaching out to an employment lawyer. Employment lawyers help ensure that both employees and employers can resolve disputes fairly. They are very dedicated to making sure you are properly represented and treated justly in your workplace.

Employment attorneys handle a wide range of workplace issues, which include discrimination, harassment, wrongful termination, wage and hour violations, whistleblower protections, and more. With their guidance, you can navigate your complaint and work toward a fair resolution.

What to Do If You Suspect Ageism in Tech

Follow these steps if you suspect age discrimination:

Document
If you believe you are being discriminated against because of your age, keep a detailed record of incidents that may support your claim.

Report Concerns to HR
Before seeking legal advice, you should bring your concerns to HR to see if the issue can be resolved internally.

Consult an attorney
If the issue persists or goes unaddressed, consult an employment attorney who specializes in workplace discrimination to guide you through the process.

File a Charge of Discrimination with the EEOC

File a “charge of discrimination” with the Equal Employment Opportunity Commission (EEOC).
This agency is responsible for enforcing federal laws against workplace discrimination and harassment.