Age Discrimination in the Workplace | Overview & Examples
Table of Contents
ShowWhat qualifies as age discrimination?
Incidences that qualify as age discrimination are those where people are treated unfairly or not granted equal opportunities as the other people due to their age. The people may be regarded as too old or too young.
What are examples of age discrimination in the workplace?
An example of age discrimination is compelling people to retire even if they are willing to continue working. Another example is passing older people when making promotions and giving raises.
How do you deal with age discrimination?
Dealing with ageism requires one to speak up and show a resolve not to be taken advantage of. One should also maintain a positive attitude, surround oneself with younger people and stay active.
How do you prove age discrimination at work?
To prove discrimination in the workplace, an employee should write notes about any instance of ageism. Employees should also keep voicemails, emails, texts, and other communications from the company. Once an employee has documented the incident, they should make it official by submitting it to the Human Resources Department.
Table of Contents
ShowAgeism refers to discrimination against people due to their age. It arises from prejudice and stereotypes about other people based on their age. Ageism can affect everyone, including the young and the old. It can occur in different settings, including in organizations, social and interpersonal engagements, and even within a person. Institutional ageism arises when an institution acts in a way that perpetuates ageism or implements policies that lead to ageism. An example is when an organization has policies that limit young people from making decisions in the workplace.
Interpersonal ageism occurs during social interactions. An example is when an employee uses age to devalue workmates or discredit them due to their age. Internalized ageism occurs when people take beliefs about age and use them to define themselves. An example is when a person exhibits limiting behaviors due to their age and assumes that they cannot manage something since they are young.
Ageism affects all aspects of a person's life, especially their career. Age discrimination arises when people are treated unfairly or not allowed equal opportunities as the rest in the same situation as a result of age. Such occurs when people are regarded as too young or too old. Age discrimination examples include forcing an employee to retire after attaining a certain age and failing to employ people because they are too young.
There are different ways in which an employee can prove an instance of ageism. An example is to document any instance of ageism. One should form a habit of writing down notes about instances when they are discriminated against due to their age. It is also important to save voicemails, texts, emails, and other communications made in the company. This information should be kept securely and made official by submitting a report to the Human Resources Department.
A workplace with ageist policies experiences negative consequences, including losing experienced employees. The employees may also suffer from low morale and reduced productivity which can reduce the chances of success of the business in the long term. In addition, a company that is charged with age discrimination may suffer from legal liabilities such as fines.
Ageism in Workplace Situations
There are different ways in which ageism can manifest in a workplace. Examples include:
- Passing or overlooking older people when considering promotions and raises: Although incentives such as raises and promotions are based on performance, giving them frequently to young people while overlooking older workers indicates ageism.
- Terminating people's contracts due to retirement even if they are willing to continue working: Employers practice age discrimination when they pressure employees to retire even if they have the capability and the will to keep working.
- Reserving learning opportunities for younger employees: Ageism may manifest when employers continuously allow younger people to attend industry seminars or offers them incentives to study while overlooking older people.
Age discrimination can also manifest in the form of people assuming that one should not be allowed time off since they do not have young children to take care of.
Ageism-based Harassment
There are different ways in which harassment with ageism can manifest in the workplace. These include:
- Overlooking older people when choosing a team to handle challenging or tedious work: Although such work may seem tedious for older employees, denying them an opportunity to be involved indicates ageist practices. Older people may also experience discrimination when projects involving technology are regularly reserved for younger people, even if older employees can handle them.
- Making jokes or ageist comments about people due to their age: Discrimination can occur when people tease older people about their age, retirement, or appearance. It may also manifest in aggressive forms, such as calling people ''ancient''.
- Taking unfair disciplinary actions against employees: Disproportionately disciplining older people is mainly used as an excuse to terminate people's contracts, even when there are no justifiable reasons to remove them from their position. The employer may also engage in practices such as reprimanding people or relieving them of some responsibilities.
Leaving an employee out of company meetings and activities such as outings, physical activities, and meetings because of their age also indicates ageism. For one to deal with ageism, it is important to speak up and not let others push one around. One should also stay active and engaged and maintain a positive attitude. Surrounding oneself with younger people can also help push oneself.
Websites About Ageism
There are different organizations and movements that are aimed at addressing ageism. Some of them are listed below with their respective websites.
- American Association of Retired Persons (AARP): The group operates in the United States and focuses on people who are aged 50 years and above. Its website is https://www.aarp.org/
- Services & Advocacy for LGBT Elders (SAGE): This organization is concerned about the rights of older people who are part of the lesbian, gay, bisexual, and transgender community. Its website is https://www.sageusa.org/
- National Youth Rights Association (NYRA): This organization is concerned about the rights of youths in issues such as voting rights and curfew laws. Its website is https://www.youthrights.org/
Another famous advocacy network is Gray Panthers which is concerned with various issues, including ageism. The network's website is https://www.graypanthersnyc.org/.
Laws on Ageism
Several laws aim at addressing age discrimination in the workplace. An example is the Age Discrimination in Employment Act (ADEA), enacted in 1967. This law covers people aged 40 years and above from discrimination in issues such as privileges, discharge, promotion, hiring, and terms and conditions.
The issue of ageism was also addressed by the landmark case Western Airlines v. Criswell in 1985. Western Airlines had made pilots who were almost 60 years of age to bid down for a flight engineer position. The company also compelled them to retire once they turned 60 years old. The Supreme Court ruled that the company's actions violated ADEA and that employers cannot set an age limit for retirement.
Ageism refers to the discrimination that people face as a result of their age. Discrimination can affect all people, including the young and the elderly. An example of age discrimination is failing to hire a person considering them too young or compelling people to retire once they achieve a specific age, even if they are willing to continue working. Other instances of ageism include failing to consider older people for promotions, reserving certain opportunities such as industry seminars for young people, or making ageist comments about older people. Age discrimination is detrimental to the workplace. It can lead to the loss of experienced employees, lower productivity among employees, and cause legal liabilities such as fines for the company.
Different groups, including the American Association of Retired Persons (AARP), have emerged to address ageism. AARP is an American group that is focused on issues of people aged 50 tears and above. The government has also set strict measures against age discrimination. Some of the related laws that have been passed include the Age Discrimination in Employment Act (ADEA), which was enacted in 1967. The law covers the rights of people aged 40 years and above against discrimination on privileges, discharge, and promotion. The landmark 1985 case Western Airlines v. Criswell was also a turning point in the history of the country. Western Airlines had made employees aged almost 60 years bid down for a flight engineer position and compelled them to retire at the age of 60 years. The Supreme Court ruled that the company had violated ADEA and that employers are not to set age limits for retirement.
Video Transcript
Definition
Age discrimination in the workplace is the practice of letting a person's age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age. Age discrimination commonly affects older workers who feel they have been discriminated against in favor of younger workers, but there have also been cases involving younger workers being displaced by older workers.
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (ADEA) of 1967 makes it unlawful for organizations with 20 or more employees to base employment decisions, like pay, benefits, and promotions, on a person's age. Employers should focus on employee skills and talent. The ADEA covers employees of 40 or more years of age. Note that it does not protect young workers from age discrimination.
Landmark Case of Age Discrimination
The 1985 case, Western Air Lines v. Criswell, was a landmark case concerning age discrimination. It revolved around a maximum age limit as a bona fide occupational qualification (BFOQ) for flight engineers. A BFOQ can override the ADEA's regulation on age discrimination. Western Air Lines required flight engineers to retire at age 60 to ensure public safety. The Supreme Court determined that an employer cannot set maximum age without solid proof that public safety would be substantially affected by allowing an individual above a certain age to work.
Age Discrimination Example
Let's look at a hypothetical example of age discrimination. Bailey Jones is the office manager of a accounting firm with 30 employees reporting to him. One of the senior accountants resigned, so Bailey has been reviewing his options for filling the position. He has a candidate in mind by the name of Mac Smith. Mac has been with the firm for 27 years and has always been given excellent annual reviews. However, Bailey decides not to promote Mac because he's worried that the extra work and time required for the job will be more than Mac can handle. Bailey also believes Mac wouldn't be able to do the job as well as someone in their 40s. Based on the workload and his age, Bailey decides to offer the open position to a lower-level employee.
Bailey's actions are in direct violation of the ADEA, which protects employees like Mac. Bailey has created a great liability for himself and his firm based on his actions not to promote Mac because of his age.
Effects of Age Discrimination
There are a lot of negative effects associated with age discrimination. Besides it being illegal to discriminate against someone based on age, there are other reasons organizations should avoid age discrimination:
- Loss of experience and potential: If an organization discriminates against potential and current employees based on age, there is a possibility that the organization will suffer a loss of work experience and the accumulated knowledge of older employees.
- Damage to productivity: Active age discrimination in an organization will be noticed by other employees. This can create a negative environment and poor perceptions of company management. Workers will likely be less interested in increasing the productivity of a discriminatory company.
Lesson Summary
Age discrimination is the practice of letting a person's age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. The Age Discrimination in Employment Act (ADEA) made it unlawful for an employer to make hiring, promotion, or termination decisions based on age. The ADEA covers employees of 40 or more years of age.
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