There are plenty of sayings about age, such as “age is just a number” and “sixty is the new forty.” Today’s older adults are indeed enjoying better health and more vitality than previous generations.
Age isn’t a barrier to pursuing new goals or changing careers. However, ageism in the workplace can be an obstacle to chasing those dreams.
Common signs of ageism
Workplace ageism happens when employers make assumptions based on age stereotypes rather than a person’s qualifications or performance. The signs are often subtle, making them difficult to recognize, but some common forms of workplace ageism include:
- Job postings seeking “recent graduates” or “digital natives”
- Making comments about age or retirement plans
- Excluding older workers from training opportunities or the chance for advancement
- Assigning less challenging and less important projects to older workers
- Targeting older, higher-paid employees during downsizing
While ageism can occur in any industry, California’s Silicon Valley companies have often been criticized and sued for age bias.
With the understanding that workplace ageism is a problem, workers 40 and older have protection at both the federal and state levels. The primary federal law is the Age Discrimination in Employment Act, enacted in 1967. It applies to employers with 20 or more workers and requires that employment decisions, including hiring, firing, promotions and compensation, be based on legitimate business reasons and not age bias.
California is very worker-friendly and offers some of the strongest protections against age discrimination in the nation. The Fair Employment and Housing Act (FEHA) applies to employers with five or more employees and allows victims up to three years to file age discrimination claims.
If you experience age discrimination at work, your first step is to document incidents and include:
- Date, time and location
- Any witnesses
- Exact words used in the conversation
In addition, keep hard copies of any written communications and performance reviews. File a written complaint with HR or your supervisor. You will also want to contact a legal professional. They can evaluate your workplace ageism case and guide you through the process of proving your claim. By asserting your rights, you are helping to build a more inclusive workplace for all ages.