Age Discrimination After 40: Recognizing the Signs
If you are 40 or older, federal law protects you from age discrimination. Learn to spot the warning signs.
The ADEA: Your Shield After 40
The Age Discrimination in Employment Act protects employees 40+ from discrimination in hiring, firing, pay, promotions, layoffs, training, and benefits. Applies to employers with 20+ employees.
Warning Signs
Being passed over for younger colleagues, sudden negative reviews with a new younger supervisor, age-related comments, exclusion from training and projects, and being targeted in layoffs while younger workers are retained.
Layoffs and Workforce Reductions
If a majority of those laid off are over 40 while younger workers in similar roles are retained, this pattern may indicate age discrimination. The OWBPA requires disclosure of ages and titles of those selected and not selected.
Proving Age Discrimination
The Supreme Court requires ADEA plaintiffs to prove age was the "but-for" cause, not merely one factor. Evidence includes disparate treatment of younger employees, statistical patterns, and replacement by significantly younger workers.
Taking Action
Document everything, note age-related comments, compare your treatment to younger colleagues, and file an EEOC charge within 180/300 days.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
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