Treating job applicants and employees who are 40 years and older unfavorably because of their age is unlawful. Some employers have been reported to use tactics that favor younger job applicants and employees at the expense of those who are older.
So, do you know how to spot age discrimination in the workplace?
Discriminative employment notices or advertisements
Some job ads include statements that discourage older, qualified applicants from applying. Terms like recent college graduate, digital native and young and energetic suggest only young people should apply.
Placing a cap on the amount of experience an applicant can have might be discriminatory. For example, stating, “An applicant should have no more than seven years of experience.”
Nonetheless, an employer may consider age if it’s necessary for the job. For example, in the movie industry, casting directors can consider only actors who appear to be within a certain age range if the age of the character is essential for the role. Thus, there must be a genuine business necessity.
Unfair employment decisions
It’s unlawful for an employer to make unfair employment decisions based on age. For example, not hiring qualified candidates who are above 40, denying employees who are 40 years and older promotion or training opportunities or paying employees aged 40 and above less despite doing equivalent work as those younger than them. Laying off or forcing retirement on an employee because of their age is also illegal.
Offensive jokes about age
Offensive jokes or remarks about an employee’s age can be considered discrimination. While simple teasing and isolated incidents that are not very serious may not be unlawful, you should be alarmed if jokes about your age are severe or frequent, creating a hostile work environment for you.
Age discrimination in the workplace is a major problem. If you have experienced it, consider legal guidance to know your options.