Facing Age Discrimination in the Workplace? Here’s What to Do

Being passed over for a promotion can sting like a bee, but what if the only reason you missed out on that major opportunity was because of your age? For about 70% of workers between 45 and 74 years old who have experienced the reality of age discrimination, the feeling is excruciating.

What most people don’t realize, however, is that it is actually illegal to discriminate against workers because of their age. In fact, there is a particular set of rules that is solely designed to protect workers against this type of discrimination in the workplace. If you are facing age discrimination in the workplace, read on to find out what you can do.

Identifying the Signs of Age Discrimination

The Age Discrimination in Employment Act covers situations in which workers in Texas can be discriminated against because of their age. Some of them include:

#1. Older workers are gradually being replaced by younger ones

If you notice your company slowly pushing out older employees while recruiting younger ones almost simultaneously, this is a big red flag for age discrimination and you may actually be next in line. Thanks to unfounded misconceptions about work pace, job ability, and sociability, most companies are always looking to hire younger workers over older ones.

#2. Using subtle techniques to get rid of you

Sometimes an employer can use certain sly methods to get you to leave without actually firing you. These include re-assigning you to unpleasant duties, making age-related remarks, or even giving you harsher criticism than your co-workers for the same mistakes or issues.

#3. Eliminating your position

If your company terminates your position and then hires a younger employee with the same duties but with a different job title, chances are you have just been a victim of age discrimination.

#4. Receiving bad reviews all of a sudden

A company can also attempt to get rid of older employees by unjustifiably giving bad performance reviews, especially when a new CEO or a new boss takes over and decides to rehire younger employees.

What to do

#1. Avoid reinforcing negative stereotypes

As unfair as it may seem, older employees are always perceived to be unfamiliar with current technology, lacking passion and energy, and unable to adapt to change and innovation. It is your responsibility to prove the stereotypes wrong. Try to keep up with current fashion (in accordance with your age), embrace technology, and, for all that is holy, do not be the “back in my day” guy.

#2. Utilize your acquired life experience

Older workers are generally more skilled at negotiating, influencing people, and selling ideas thanks to several years of working in teams and developing a results-oriented mindset. These abilities are an asset to any business, and you can actually help the company by imparting all that knowledge to younger co-workers like a coaching figure.

#3. Be strategic when applying for a job or a promotion

If you are at the risk of age discrimination when applying for a new opportunity, focus on job experiences that highlight your flexibility, adaptability, and ability to work and thrive in teams.

If you believe that you are facing age discrimination in your workplace, it is always advisable to consult with a lawyer first. You can file a claim with the EEOC and then work with a lawyer from the Amsberry Law Firm to file a lawsuit. If you need any assistance, contact us today at (210) 354-2244.

Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in family and labor and employment law by the Texas Board of Legal Specialization. He is also active in family law, estate and elder law, and business law. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.

JSON Script for Organization and LocalBusiness Schema Markup Please change the text in red to be correct for each client.