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When can a worker be at risk of age discrimination?

On Behalf of | Jan 3, 2025 | Discrimination

Employers sometimes treat workers differently because of characteristics that the employees cannot control. Workplace discrimination involves companies denying workers opportunities or treating them differently because of their innate, protected characteristics.

Factors including an individual’s sex, race, religion and medical condition are among the many protected characteristics that should not influence decisions about their employment. Age is also sometimes a protected characteristic.

Some workers may face age discrimination. They may lose their jobs, struggle to find new employment or lose out on opportunities because of their age. What constitutes age discrimination, and when does a worker have to worry about facing it?

Only older workers are at risk

Technically, the federal statute about age discrimination only applies to workers in their 40s or beyond. Once an employee reaches 40 years of age, they have protection from employers considering their age when making decisions about their career.

Sadly, workers over 40 often face discrimination in the form of denied opportunities or even a hostile work environment. Companies should not consider a worker’s age when deciding if they deserve an advancement opportunity or whether they should be part of a layoff. Companies also need to react appropriately if a worker alleges that they have experienced a hostile work environment where others mistreat them because of their age.

Some professionals may be more vulnerable

Certain careers may lend themselves more to age discrimination than others. For example, one of the many stereotypes about older employees is that they cannot adapt to new technology. Those working in fields that require technological prowess may find that age discrimination is more of a concern for them. Blue-collar workers may also experience more age discrimination because of the demands of their jobs.

Age discrimination can also be an issue in appearance-based professions. Those in sales, customer service or even management may find that their appearance affects their opportunities, especially as they grow older. Female workers are particularly vulnerable to age-related appearance discrimination. Age discrimination remains one of the most insidious and frustrating forms of worker mistreatment.

Those impacted by age discrimination may lose their jobs or may not achieve their full professional potential. Filing an age discrimination lawsuit may help workers regain their positions with companies or gain compensation for the economic impact the discrimination has generated.