Age Discrimination

generations

For the first time in recent history, four generations are represented in the workforce. There is a growing awareness of the "generational diversity" that exists. Older, middle-aged, and younger employees may share common tasks, but their values, approaches to work, communication styles, and perceptions of each other may differ greatly and can lead to miscommunication and discrimination.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against employees and applicants age 40 or older. There is no upper limit.

Would you consider any of the practices illegal under ADEA?

  • Laying off employees over 40 who have the highest pay scale as a cost-saving measure
  • Paying older employees less because they are older
  • Refusing to hire someone because they are 50.

Those practices are all examples of age discrimination. ADEA protects people over 40 from such practices. However, it is important to know that the ADEA's protections do not apply to people under 40. It is not a violation of ADEA to favor older workers over younger workers even if both workers are age 40 or older. However, discrimination can occur when the victim and the person who inflicted the discrimination are both over the age of 40.

Think twice before calling anyone "old timer" or "pops." Referring to someone by an age-based nickname may not be illegal, but it is definitely not professional and depending on circumstances, may be considered evidence of age discrimination.