How to Prove Age Harassment in the Workplace

As the baby boomer population continues to age, workplace harassment on the basis of age has become a growing problem. More and more frequently, older American workers are subjected to ageist remarks, jokes and slurs, as well as to more aggressive harassment aimed at forcing older workers out of the workplace. In some cases, the older worker in fact resigns his employment due to overbearing emotional and physical stress resulting from the harassment. In other cases, the worker, having no economic alternative, continues to endure the harassment. Under either scenario, when age harassment occurs on a regular and pervasive basis, a cause of action for hostile work environment harassment can be established.

Difficulty: Moderate

Instructions

Things You'll Need:

• Diary or notebook with illustrative ageist remarks and misconduct recorded
• Names of offenders and of witnesses to harassment

1. Review employee handbook for procedures to follow when harassment is perceived to have occurred.

2. Report the harassment to the manager or other supervisory level person designated by the company’s no-harassment policy. If no such policy exists, report the harassment to your supervisor or head of human resources.

3. Record in a notebook, diary, or journal any comments said in your presence that reflect a negative or hostile view of your age or of older workers in general. Record details about the speaker and the names of witnesses to the statements.

4. Retain copies of emails, bulletin board postings and other documents that evidence ageist statements.

5. Assuming the harassment continues after your report, file a Charge of Discrimination with your local district office of the Equal Employment Opportunity Commission.

Tips & Warnings

• Protections for older workers begin sooner than you may realize. Federal law protects workers age 40 and older from discrimination and harassment on the basis of age.
• In general, an employer must be given notice of the harassment and an opportunity to correct it before a successful claim for harassment can be brought. Consequently, it is essential to file the internal report described above.
• If your supervisor is one of the offenders, take your complaint to another management level employee. Tell him that you are uncomfortable confronting the supervisor about the harassment because of her involvement in it.
• Federal law prohibits an employer from retaliating against an employee for complaining of unlawful discrimination or harassment. If adverse employment action is taken against you as a result of your complaint, report this to the Equal Employment Opportunity Commission and file a separate charge of discrimination for unlawful retaliation.
• Do not participate in the ageist jokes or comments. Although it is understandable to do so in order to fit in, such evidence can be used to suggest that you did not, in fact, find the comments and conduct offensive.

Resources

• EEOC

[mayreach]

on 4/12/2009 Great advise!