You might not be ready to hang up your cape just yet, but the people around you might think differently. Age discrimination is becoming a more significant issue as new generations are flocking to jobs and making up a higher percentage of workers in certain industries. Whether intentional or not, age discrimination can happen to anyone over 40 and can blindside anyone who is affected by it.

Age is the one protected category that crosses all others – race/religion/national origin/ sex/disability/ethnicity. Everyone ages, and as we age, the likelihood of age discrimination grows increasingly likely. Couple that with a disability and/or stereotypes for certain industries, and an employee can suddenly find themselves in unfamiliar territory of struggling to hang on to a job or career they have decades of experience excelling at. 

Don’t be blindsided. Gain a better understanding of age discrimination and what to look out for when you walk into work the next time.

Missouri Employee Age Discrimination:

What is considered age discrimination can depend on the jurisdiction you are in. For example, in the state of Missouri, our Missouri Human Rights Act (“MHRA”) limits age discrimination cases to people older than 40 but younger than 70. 

This means younger employees can not bring a Missouri discrimination case because an employer thinks they are too young or inexperienced. Employees over the age of 70 are also not able to bring claims. If you are wondering if the mistreatment you are experiencing in the workplace could be caused by your age, make sure when you contact an attorney, you let them know exactly how old you are and how old the co-worker or supervisor who is discriminating against you is. This could make or break your case.

However, the caps on emotional and punitive (punishment) damages are higher under Missouri law than under federal law. Missouri caps emotional damages and punitive damages at $500,000 for the largest employers in the state. Federal law caps these same damages at $300,000 for the largest employers in the country. 

All Americans Have Federal Age Discrimination Protections:

The Age Discrimination in Employment Act (ADEA) was enacted in 1967, making any harassment or discrimination that is found to be based on age illegal. This act protects people starting at the age of 40 against any discrimination during the hiring, firing, promotion, and delegation of tasks processes.

Signs to Look for:

Age discrimination continues to be a rising epidemic for many people as working boomers grow older in their industries. Age discrimination is a more challenging bias to spot and may go under the radar more than other forms of discrimination. So, it is important to know what it looks like and stop it before it affects workers.

Your Tasks Start to Change and Feedback Becomes More Critical

One subtle way an employer can engage in age discrimination is by taking career-advancing projects or duties away from older employees. Take note if your workload lacks the more challenging projects or your responsibilities are being given to younger new employees. This might be a manager’s way of “lightening the load” without talking to you first. This assumption that you can’t handle or don’t want the challenging and more career-advancing tasks as you age can be considered discrimination.

Employers can also attempt to “manage out” older employees. Be vigilant if you are suddenly given the more unpleasant tasks on your team, or you notice an uptick in critical feedback. Employers will often use a disciplinary tool called a “Performance Improvement Plan” or “PIP” to cloak an attempt to remove older employees. If you are issued a PIP after a long career with positive feedback, you need to collect evidence of your past accolades before you are fired and no longer have access to such documentation.

A Pattern Evolves on Who Is Hired, Promoted, or Laid off

You might’ve heard the term “culture fit” in recent years. This isn’t a real term; it is a way to make hiring younger employees while firing or buying out older employees seem moral and legal. In actuality, this could be a pattern and/or practice of discrimination. If you see a pattern of only younger generations being hired and your older counterparts being let go or offered buyouts, it is something to note immediately. While, yes, younger generations will be hired, there should be a solid mix of younger and older based on experience and education, not just their age. Once again, this is a sign to watch out for a record if you see it becoming suspicious. 

Additionally, pay attention to who is being promoted. If you were passed up for a promotion and it was given to a younger worker with fewer qualifications for the new title, you may have experienced age discrimination. It is as simple as that. Promotions and raises should not be based on age or outside factors and should be decided based on merit, performance, or experience. Additionally, if you stop seeing your usual raises even after having a great sales year and exceeding goals, this could become solid evidence of discrimination in the larger picture. In both of these instances, take notes and gather documentation before you make any complaint to HR. Remember, HR works for the company and to protect the company. It may also be a good idea to speak with an attorney before approaching HR, if that is possible.

Layoffs can also be a way that Employers disguise an attempt to “inject more energy into the company” or “get in some younger blood.” If you are facing a layoff, take note of the other employees who are also being removed from the company. If you notice most of the employees being let go are in the older category, this could be a sign of a systemic discriminatory scheme.

Unpleasant Comments About Your Age

Comments about your age are a “red flag” that you are experiencing age discrimination. Even comments with a laughing tone, such as, “Say, when are you going to retire?” can strongly indicate age discrimination. Age-related comments in general, for example, if you are teased about not knowing about the latest social media platform or if you have a simple question about how to do something, and they are answered with some sort of jab at your age, make sure to document everything or can capture the comments in text message or email format in some way. This can be seen as key evidence toward possible age discrimination if something more significant happens.

You Are Treated Differently for Taking Medical Leave

Disability discrimination and age discrimination often go hand in hand. When you need to take leave for a major surgery or to care for a loved one, take note if your employer begins to ask questions about your capabilities that were never asked when you were younger. Employers may ask for additional documentation of your “fitness for duty” or use a medical leave as an excuse to find a younger employee to replace you or “phase out” your position. 

Age discrimination, like other forms of discrimination, should not be tolerated. You have the right to protect yourself in these circumstances, and if you feel as if your workplace is singling you out based on your age, you can do something about it. You can file a claim with the U.S. Equal Employment Opportunity Commission, as well as file a lawsuit with an attorney against your workplace. Don’t let yourself be discriminated against; do something about it to protect yourself and those around you.

If you have further questions or have experienced age discrimination, contact the team at Baldwin & Vernon Trial Attorneys.