Age Discrimination Examples

What is age discrimination?

Age discrimination, commonly referred to as ageism, is a type of bias directed against individuals based on their age. It encompasses the way individuals are treated in the workplace by employers, managers, or colleagues. Age discrimination also extends to how the media represents particular age groups, influencing public perceptions of these demographics. Learn more about what is age discrimination?

Why are age discrimination examples important?

Understanding instances of age discrimination is crucial for several reasons. Identifying examples of age discrimination in the workplace empowers you to ensure that both you and your colleagues are treated equitably by your employer. Knowing examples becomes particularly valuable when seeking new employment shortly before retirement age. The ability to recognize age discrimination examples aids in navigating such situations. It also enables you to increase your earning potential and maintain professional confidence, irrespective of your age. Please contact our employment attorneys for employers for questions about age discrimination in California.

What are the different kinds of age discrimination?

Age discrimination is a nuanced concept that can manifest in various ways. The following are primary kinds of age discrimination, each illustrated with an example:

1. Direct Discrimination

Direct discrimination happens when an individual is treated differently than their colleagues based on a specific attribute, in this case, age. For example, if a manager explicitly states that they will not promote someone because they are deemed too young, it constitutes direct age discrimination. A second example is when an employer communicates an intent to terminate an employee due to being considered too old to adapt to new and complex software the company intends to implement.

2. Indirect Discrimination

Indirect age discrimination pertains to an unjust policy or regulation that applies uniformly to all employees. However, it disproportionately impacts certain employees belonging to a specific age group. For example, consider a scenario where an employer introduces new training accessible only to workers who graduated within the previous five years. This policy, while seemingly neutral, results in discriminatory effects against older workers.

3. Harassment

Harassment is a type of confrontational conduct intended to intimidate or offend someone. When it comes to age discrimination, an example of harassment may involve an individual mocking a colleague’s age. They might publicly assert that their challenges in learning something new stem from being too old. One of the more subtle examples of age-related harassment could manifest when someone makes disparaging remarks about a colleague’s family or friends, attributing the negativity to their age.

4. Victimization

Victimization occurs when an individual treats you disparately or unfavorably in response to your complaints about or reporting of discriminatory incidents. For example, you might speak up after your supervisor denies your colleague a promotion based on their age. Subsequently, the supervisor chooses not to promote you because of your support for the colleague. This is an example of victimization.

How are employees protected from age discrimination?

Discrimination based on perception occurs when someone discriminates against another individual because they believe them to be of a certain age. Discrimination by association transpires when an individual discriminates against a friend, colleague, or stranger due to their connection with an individual of a specific age.

The EEOC, Department of Labor, and CA EDD prohibit discrimination against workers on the basis of age.

Navigating Age Discrimination at the Workplace

Acquiring the skills to address age discrimination at work not only makes you a more supportive coworker but also helps ensure fair treatment irrespective of your age. The following are steps to consider when dealing with or witnessing examples of ageism in the workplace:

1. Gather Evidence

Before acting, ensure you collect examples that substantiate your concerns. This may involve capturing screenshots of messages or emails that reflect discriminatory behavior towards a particular age group. If you observe ageism in a discussion, think about documenting the incident with a brief note. This should detail the situation, the timing, and the individuals involved. Maintain objectivity in your documentation, as employers often prioritize factual evidence over subjective opinions.

2. Assess the Magnitude of the Issue

Gain insight into the severity of ageism by engaging with your colleagues. Inquire if they have observed or encountered age discrimination in the workplace. If you discover that the problem extends to multiple individuals, it might be time to collectively report the issue to your manager or an HR representative.

3. Have a Conversation with Your Manager

Managers possess a range of conflict resolution techniques to address interpersonal issues within teams. Given the gravity of discrimination, explain the situation to your supervisor by presenting the examples you have gathered. Competent leaders often excel in resolving matters discreetly and tactfully for long-term impact. If you witnessed examples of age discrimination without being a direct victim, anticipate updates from your manager after they put together an improvement plan.

4. Escalate the Matter

If you find that your efforts and your manager’s actions have not effectively addressed the issue of age discrimination at work, it could be appropriate to escalate the problem. Escalation involves reporting the matter to a person at least one level above your supervisor. By involving a company executive or upper management, the concern may gain broader attention and be addressed at a company-wide level.

Examples of Age Discrimination in the Workplace

Age discrimination can manifest in various ways in professional settings. Here are examples of where age discrimination may occur:

1. Job Offers

Companies may engage in ageism by stipulating age-specific criteria in job offers. For example, requesting ambitious and young candidates can be a kind of age discrimination. When identifying examples of age discrimination in job offers, it is crucial to distinguish between experience and age requirements. It is unfair for employers to limit job opportunities based solely on age. However, they may reasonably expect applicants to possess substantial professional expertise and experience, particularly when hiring for senior or managerial positions.

2. Workplace Dynamics

Effectively recognizing examples of workplace age discrimination includes scrutinizing the communication dynamics among your managers and colleagues. This is particularly the case if you have observed any unfavorable interactions. As an example, making subtle remarks about an individual’s perceived difficulty in adapting to new technology based on their age constitutes age discrimination. Even in remote work scenarios, signs of age discrimination may surface in the messages exchanged among colleagues. If a technologically adept person persists in using memes and emojis, despite knowing that a colleague struggles to grasp their context, it could be indicative of age discrimination.

3. Advancement and Perks

Age discrimination can sometimes impact how employers allocate benefits to their workers. As an example, consider a manager expressing a preference for a less experienced colleague for a promotion. They cite that a more qualified team member is deemed too old to lead. This is an example of age discrimination. Likewise, an employer engaging in age discrimination might encourage an employee to retire by enticing them with appealing retirement benefits.