Age Discrimination in the Workplace

Federal law protects older workers from discrimination in the workplace.

Laws are in place to prevent age discrimination in the workplace, but employees and job seekers must be vigilant to point it out when it occurs. Training and information for employers help to make supervisors and managers aware of the problem. Older employees have years of experience and wisdom to give to the workplace.

The Facts

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against workers age 40 and older. The ADEA was enacted in 1967 and does not allow an employer to discriminate against the older worker in hiring, firing, benefits and opportunities on the job. For example, the employer cannot enact a compulsory retirement for employees unless the worker is an executive or high-ranking policymaker in the organization.

Employers covered under the act are those with 20 or more workers who work at least 20 weeks in the year. The employee must have an employer/employee relationship and not a contractual or freelance relationship.

Types of Age Discrimination

Age discrimination protections cover hiring, firing and job opportunities. For example, an employer may not place older workers in areas that will deprive them of the opportunity for advancement. The company may not deny benefits to older workers that are offered to younger workers.

Identification of Discrimination

Training sessions and information on age discrimination help workers identify discrimination when it occurs. Providing information to managers and supervisors helps those in positions of power recognize behavior that might be discriminatory against older workers. For example, human resources representatives should remove the requirement for a date of birth on job applications to avoid the appearance of age discrimination.

Significance

Age discrimination in the workplace affects the company and the older worker. Companies, managers and supervisors who fail to value older workers are missing an opportunity to hire loyal and dedicated people with years of experience. Younger workers do not have an opportunity to learn from older workers when discrimination eliminates experienced employees from the ranks.

Solution

The ADEA is a federal protection for older workers, but state and local governments also have laws preventing discrimination against an employee based on age. For example, Wisconsin protects workers age 40 and over from discrimination in terms of hiring, firing, pay, benefits, leave and promotions in the same way as federal law, but it goes further to protect older workers from retaliation. Employers may not retaliate against workers who assert their rights under the federal law or the state law. Wisconsin also protects workers from harassment based on age.

References

• HR Hero: Age Discrimination in Employment Act - ADEA
• Wisconsin Department of Workforce Development: Age Discrimination in the Workplace