Professionals who have spent years developing their careers often expect to have advancement opportunities and to command competitive wages. Unfortunately, not all employers give senior employees the respect and consideration they deserve.
Some businesses prioritize a culture of youth instead of professional experience. They may actively discriminate against older, more experienced workers. Under federal age discrimination statutes, it is illegal to take the age of a worker over 40 into consideration when making employment decisions.
Some companies deny older workers opportunities, while others may turn a blind eye to their mistreatment. Workers over the age of 40 can potentially take legal action to hold employers accountable for discriminating against them based on their age.
Workers need proof of age-related mistreatment
As a general rule, those raising allegations of age discrimination on the job need evidence that an employer has treated them differently specifically because of their age. Typically, they need documentation, such as emails, showing that the company displayed favoritism toward a younger worker, ignored harassment or took adverse action toward a worker because of their age.
Disciplinary efforts that are unfair can also be evidence of discrimination. Workers typically need to show that the company did something intentional to mistreat a worker or deny them reasonable opportunities.
Perhaps those in supervisory or human resources roles at the company made jokes at the expense of an older worker or refused to take their complaints of coworker abuse seriously. The creation of a hostile work environment through co-worker or management misconduct is one actionable form of age discrimination.
An employer making decisions based on someone’s age instead of on their experience and ability may warrant an age discrimination lawsuit. The employee taking action in such cases needs clear evidence that the company made unfavorable employment decisions based on their age rather than on other factors. Keeping track of inappropriate interactions or maintaining a record of questionable disciplinary efforts can help establish a pattern of mistreatment.
With the right documentation, a worker experiencing career setbacks or financial hardship can potentially hold an employer accountable for age discrimination. Successful lawsuits may result in financial compensation or even a company reinstating a worker terminated for inappropriate reasons.