Age Discrimination: Understanding Your Rights in the Workplace
There are certain rights and protections that all workers, regardless of age, are entitled to in the workplace. The Age Discrimination in Employment Act (ADEA) was established to protect these rights from unfair treatment in hiring, promotions, terminations, compensation, and other conditions of employment based on age. Despite this protection, age discrimination still exists. It can come in subtle forms, other times in more overt forms, and this means its crucial for workers to understand what their rights are. The age discrimination attorneys at Walcheske & Luzi can help you understand what some of those rights are.
Signs of Age Discrimination
Age discrimination can take many forms. An older person may be passed over for a promotion in favor of a younger, less experienced colleague, or may hear ageist comments against them. For example, another coworker may state that the older person is “too old to keep up.” Other examples of age discrimination in the workplace may include:
- Layoffs that disproportionately affect older workers
- Job postings that target “digital natives”
- Performance reviews that begin to critique someone based on outdated stereotypes
While not every negative experience constitutes age discrimination, patterns of exclusion, harassment, or unequal treatment based on age may point to a violation of state or federal law.
Employer Responsibilities in Preventing Age Discrimination
Employers have a responsibility to ensure that they aren’t fostering an environment where age discrimination is allowed to occur. This means proving regular training on anti-discrimination laws, evaluating hiring and promotion policies for bias, and encouraging a culture of respect and inclusion across all age groups. A diverse team that includes old and young professionals brings a wealth of experience, institutional knowledge, and mentorship capabilities, all of which are vital to the success of a company. A lack of diversity in itself signals a potential violation of discrimination laws.
Steps to Take Against Age Discrimination
Employees who feel they may be facing age discrimination should take certain steps to protect themselves. Steps to take include:
- Keep records of incidents, such as inappropriate comments or changes in job responsibilities
- Bring concerns in writing to a manager or Human Resources department
- File a complaint with the Equal Employment Opportunity Commission (EEOC)
Time limits may apply if you are planning to submit an age discrimination. As a general rule of thumb, you need to file a charge within 180 calendar from the day the discrimination took place. That’s what it’s important to avoid delays in seeking out legal guidance if you believe you have a case.
When to Seek Legal Help
If you believe that you have been a victim of age discrimination in the workplace, it’s important that you speak with an employment law attorney immediately. Strong legal counsel can help you evaluate your situation to understand if your rights are being violated and determine the best course of action from there. No one should be treated unfairly because of their age and standing up for your rights helps create a better workplace for everyone.
If you have questions about age discrimination, or any other workplace issue, contact Walcheske & Luzi for a consultation.