Four Examples of Age Discrimination
Age discrimination occurs when someone is treated unfairly in employment, housing, or other areas of life solely because of their age. The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers against age-based discrimination. Florida law also provides protection. It can come in a wide range of different forms. In this article, you will find an overview of four of the most common examples of age discrimination.
- Failure to Hire
A person should not be passed over for a job opportunity simply because of his or her age. Unfortunately, older workers can face some serious challenges in recruitment and hiring. Age discrimination in hiring occurs when an employer refuses to consider or hire a qualified candidate because of their older age.
For example, imagine that a highly experienced marketing professional in her late 50s applies for a position. However, she is told the company is looking for someone who can “grow with the team.” Despite her qualifications, the job is given to a younger candidate with far less experience. When she asks for feedback, she is vaguely told she is “overqualified.” That could be age discrimination.
- No Opportunity for Promotion
Similar to the issue with hiring, many older candidates struggle to get opportunities for promotion. Age discrimination in promotions occurs when an older employee is overlooked for advancement in favor of a younger worker, even when they have equal or superior qualifications. Some employers assume older workers are less ambitious or not worth investing in long-term.
As an example, imagine that a 62-year-old worker in Florida applied for a promotion. He is well-qualified. However, he is told the employer is “looking for fresh energy in leadership.” Despite his years of dedication, he finds himself hitting a career ceiling due to his age. That could be an example of illegal age-based discrimination.
- Workplace Harassment (Age-Based)
Age-based workplace harassment involves offensive remarks, jokes, or actions that demean or create a hostile work environment for older employees. Some specific examples include derogatory comments about an employee’s ability to work, suggestions that they retire, or being treated differently due to their age. If severe or pervasive, such harassment may be unlawful under the ADEA. Harassment can constitute discrimination.
- Intentional Targeting During Layoffs
Employers sometimes disproportionately target older workers for layoffs under the assumption that they are more expensive due to higher salaries or benefits. It is a type of discrimination that occurs when layoffs disproportionately affect older employees while younger, less-experienced workers are retained.
Imagine that during a round of company-wide layoffs, most of the employees let go are over 50, even though they have more experience than some younger workers who remain. The company claims it is reducing costs, but internal emails reveal discussions about replacing older employees with “fresh talent.” That could be age discrimination.
Get Help From Our Florida Age Discrimination Attorney Today
Age discrimination cases are complicated. If you have any specific questions or concerns about age discrimination, professional guidance and support is available. Contact an experienced Florida age discrimination attorney for a fully confidential, no obligation consultation.
