Signs of Age Discrimination: 5 Things to Watch For

Workplace experience should be an asset. Some employers unfairly discriminate against older workers because of their age. Age discrimination is still a pervasive problem, even though there are solid laws to prevent it from happening. Learning the typically subtle signs of age discrimination is the first step in defending your rights. Age discrimination involves treating an applicant or employee less favorably due to age, typically aiming at workers above the age of 40.

Federal and California law create robust protections against such bias. Yet, age discrimination is usually established through evidence of patterns of behavior or single occurrences. It’s, therefore, critical to recognize what to seek. Five common indicators that age inappropriately influences employment choices are outlined here.

Understanding Age Discrimination Laws (ADEA & FEHA)

Before diving into the signs, it’s helpful to know the key laws involved:

• Age Discrimination in Employment Act (ADEA): This federal law protects individuals who are 40 years of age or older from employment discrimination based on age. It applies to employers¹ with 20 or more employees and covers hiring, firing, promotion,² compensation, training, and other terms of employment. The U.S. Equal Employment Opportunity Commission (EEOC) enforces this act. According to information available on the EEOC’s Age Discrimination page, the ADEA provides crucial federal protections.
• California Fair Employment and Housing Act (FEHA): California provides even broader protections under FEHA. This state law also prohibits age discrimination against employees aged 40 and older but applies to employers with five or more employees. According to the California Civil Rights Department (CRD), FEHA often offers stronger remedies than federal law for workers in the state.

Both laws essentially make it illegal for employers to make decisions based on age rather than ability or qualifications.

1. Unfair Promotion and Hiring Practices

One of the most common signs of age discrimination involves being unfairly passed over for promotions or hiring opportunities. Consider these scenarios:

• You consistently apply for internal promotions you are qualified for, perhaps even training your younger colleagues, yet they repeatedly get the roles.
• During hiring processes, you notice a distinct preference for younger candidates, even when older applicants have more relevant experience or stronger qualifications.
• You receive vague feedback for not getting a role, such as not being a “good cultural fit” or being “overqualified,” which can sometimes be coded language for age bias.

While not every missed promotion is discrimination, a consistent pattern favoring younger, less-qualified individuals certainly warrants closer scrutiny.

2. Age-Related Comments and Harassment

Workplace comments or “jokes” related to age can be more than just insensitive; they can constitute harassment and serve as evidence of discriminatory intent. Examples include:

• Supervisors or coworkers making remarks about your age, speed, ability to learn new things (“can’t teach an old dog new tricks”), or proximity to retirement.
• Using derogatory terms related to age (e.g., “old timer,” “grandpa,” “Ok Boomer” in a negative context).
• Receiving comments suggesting the company needs “new blood” or a “younger image.”
• Being subjected to stereotypes about older workers’ capabilities or energy levels.

Such comments, especially if they are frequent or made by decision-makers, can create a hostile work environment and indicate underlying age bias. Therefore, it’s important to note these occurrences.

3. Exclusion from Training and Development

Another subtle yet significant sign is being systematically excluded from opportunities crucial for career growth. This might manifest as:

• Being overlooked for training sessions on new technologies or processes offered primarily to younger colleagues.
• Not being assigned challenging projects or high-profile client responsibilities that could lead to advancement.
• Being left out of important meetings or planning sessions relevant to your role.

This exclusion implicitly suggests the employer may not invest in your future development due to your age. Furthermore, the lack of training can later be unfairly used as a justification for negative performance reviews or denying promotions, making this one of the key signs of age discrimination.

4. Disproportionate Layoffs or Retirement Pressure

Age discrimination can become particularly apparent during company restructuring or downsizing. Watch for these red flags:

• Layoffs disproportionately affecting older workers, especially those with good performance records and higher salaries (which may be a proxy for age).
• Offering early retirement packages primarily or exclusively to older employees, sometimes accompanied by subtle or overt pressure to accept them.
• Management making comments about “making room for younger talent” or questioning when you plan to retire.

While economic reasons can necessitate layoffs, the pattern of who is selected should not unfairly target older, experienced employees.

5. Sudden Negative Reviews or Job Changes

A previously strong performance record suddenly taking a nosedive without clear, objective reasons can be suspicious. This is especially true if accompanied by other changes:

• Receiving unexpectedly harsh or subjective negative performance reviews after years of positive feedback.
• Having key job responsibilities suddenly reassigned to younger colleagues.
• Being moved to a less desirable position or project, potentially amounting to a demotion in practice, if not in title.
• Facing micromanagement or unrealistic performance expectations not applied to younger peers.

Sometimes, employers use these tactics to “manage out” older employees, hoping they will quit rather than having to terminate them. This pattern is another potential indicator among the signs of age discrimination.

Documenting Potential Age Discrimination

If you think you might be facing age discrimination, it’s crucial to keep thorough records. Make sure to document the following:

• Specific incidents: jot down the dates, times, locations, and the people involved.
• Any exact comments that were made about your age.
• Times when you were overlooked for promotions or training (and note who got selected instead).
• Copies of your past positive performance reviews compared to any recent negative ones.
• Relevant emails or other written communications that might be important.Names of potential witnesses who could support your case.

Having this documentation can provide solid evidence if you choose to take

What to Do if You Suspect Age Discrimination

Recognizing the signs is the first step. The next steps might include:

1. Review Company Policy: Check your employee handbook for policies on discrimination and the procedure for reporting complaints.
2. Report Internally (Use Judgment): Depending on your company culture and the specifics, you might report your concerns to HR or management, documenting the conversation. However, be aware that this could sometimes lead to retaliation (which is also illegal).
3. Consult an Attorney: Speak with an experienced employment lawyer. They can help you understand your rights under ADEA and FEHA, evaluate the strength of your potential claim, and advise on the best course of action, such as filing a complaint with the EEOC or CRD, or pursuing a lawsuit.

How KAASS LAW Can Help with Age Discrimination Cases

Age discrimination can undermine your career and financial security. At KAASS LAW, we are dedicated to protecting employee rights in California. Our attorneys understand the nuances of state and federal laws, including FEHA and the ADEA. We know how to identify subtle and overt signs of age discrimination and build strong cases for our clients.

If you believe you have been treated unfairly at work due to your age, we can help. We handle various employment issues, including those related to Age Discrimination. Please Contact Us for a confidential consultation to discuss your situation and learn how we can assist you.

Conclusion

Age discrimination is prohibited and harmful. Recognizing the indicators – discriminatory promotion policies, ageist comments, exclusion from opportunities, coerced layoffs or pressure to retire, and undeserved negative criticisms – empowers you to act. California and federal legislation provide protections to workers 40 and above. If you observe these patterns at your workplace, document everything diligently and seek advice from a lawyer early to get to know your rights and options. Your experience matters, and you should not be discriminated against based on your age.