Understanding Age Discrimination in the Workplace

Age discrimination can be subtle or overt. Common examples include:

• Refusing to hire qualified candidates because they are over 40.
• Denying advancement opportunities or excluding older workers from training programs.
• Replacing older employees with significantly younger, less experienced workers.
• Suggesting or pressuring employees to retire early.
• Implementing policies that disproportionately impact older workers.

Federal Protections:

The ADEA applies to employers with 20 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC).
It prohibits age-based discrimination in all employment decisions and protects workers who oppose unlawful practices or participate in investigations.

State Protections:

• Covering smaller employers.
• Providing broader remedies, such as punitive damages.
• Protecting younger workers from age bias.

Successful age discrimination claims often involve:

• Direct evidence – Statements, emails, or other communications reflecting age bias.
• Comparative evidence – Proof that similarly situated younger workers were treated more favorably.
• Statistical evidence – Data showing a pattern of replacing older workers or disproportionately disciplining them.
• Pretext evidence – Sudden negative performance reviews or inconsistent explanations for adverse actions.

Federal and state laws make it illegal for employers to retaliate against individuals who:

• Report suspected age discrimination.
• File an EEOC charge or state agency complaint.
• Participate in an investigation or lawsuit.

Retaliation can include demotion, termination, harassment, or other adverse employment actions following a protected activity.

Available remedies may include:

• Reinstatement to a former position.
• Back pay for lost wages and benefits.
• Front pay if reinstatement is not feasible.
• Liquidated damages in cases of willful violations.
• Attorneys’ fees and litigation costs.