How to Recognize Workplace Age Discrimination

Sexual discrimination in the workplace is widely recognized as a problem that needs to be remedied. Most employers and employees are aware of the signs and policies in regard to sex discrimination. However, there is a less frequently recognized but equally prevalent form of workplace discrimination--age discrimination--which is also prohibited by law.

Instructions

Difficulty: Moderate

1. Take note of job advertisements or notices that specify age limitations for applicants. With the exception of cases in which age is a "bona fide occupational qualification," specifying age preferences is illegal. For age to be a bona fide occupational qualification, an employer must be able to prove that age is a definite factor in an employee's ability to perform the job requirements.
2. Be wary of jobs that require older workers to work fewer hours than younger workers. While this in itself isn't age discrimination, recognize it as a way to get around the law that prohibits employers from denying benefits to older workers.
3. Familiarize yourself with the Age Discrimination in Employment Act, which you can find at the Equal Employment Opportunity Commission website (see Resources below). The law prohibits workplace discrimination of employees age 40 or older. It outlines what types of discrimination are prosecutable by law and sets standards in regard to mandatory retirement, pensions and other benefits.
4. Pay attention to the subtleties in the workplace. Blatant discriminatory practices, such as "laying off" employees when they reach a certain age, are easier to recognize as discrimination, while little things are often overlooked. Comments about inflexibility or the inability to keep up with workplace technology, or consistently being turned down for promotions in favor of younger employees, are subtle forms of age discrimination.
5. Know your rights in regard to pensions and retirement. Forced or mandatory retirement based on age or amount of pension is illegal, except in rare cases. The ADEA allows for mandatory retirement at age 65 of people in "high policy-making positions" whose pensions are over a certain amount of money. Also subject to different rules are some workers in physically demanding jobs, such as emergency responders and air traffic controllers.

Tips & Warnings

• Age discrimination in the workplace can often be couched in terms of not hiring older candidates because they are "overqualified." Asking for a copy of the requirements and responsibilities of positions for which you are applying can help you recognize whether you are truly overqualified or merely older than the employer would prefer.