Imagine you have been working at the same company for the last 20 years. You have seen the company grow, learned a lot of skills and been there through the ups and downs. But one day, your company hires a younger person with far less experience for the same role that you have held on for years. You start to wonder “what did I do wrong?”. Unfortunately, this scenario is more common than we would like to think. It is just not frustrating – it is also illegal as per the Age Discrimination in Employment Act (ADEA).
The ADEA was passed in 1967 to protect all the workers over the age of 40 from discrimination in the workplace. It was created to address the rising concern that older workers were being unfairly treated at their jobs and pushed out by favouring the younger individuals. Since its enactment, the law has been a critical tool in helping prevent any sort of bias solely based on age.
Under the ADEA, employers cannot make employment decisions like hiring, firing, promotions or pay increments based on an individual’s age. If you are over 40 years of age, the law is on your side ensuring that your age cannot be the deciding factor in how you are treated and what your growth trajectory is at work. Unfortunately, even with these strict sanctions in place, age discrimination is still a common issue. Older workers often face subtle (and not so subtle) bias from employers who might assume that younger employees are more energetic, adaptable or willing to work for less money. More than 40% of workers over the age of 40 say they’ve experienced age discrimination at work in the last three years, according to a recent AARP survey.
Does ADEA mean that employers can’t remove someone even if they perform badly? No! Companies can still make employment decisions based on other legitimate reasons. If an employee isn’t meeting performance expectations or isn’t a good fit for the job, an employer has the right to take action. But if the reason for firing or demoting someone is age-related—such as assuming an older worker can’t keep up with younger employees—that would be discriminatory.
What should you do if you think you’ve experienced age discrimination?
The first step is to talk to your employer or HR department about your concerns. If the situation isn’t resolved and you believe you have been treated unfairly due to your age, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of discrimination and can help protect your rights in the workplace. If the EEOC finds evidence of age discrimination, it may take legal action on your behalf.
Preventing age bias at work
In order to ensure legal compliances and effectively combat age discrimination in workplaces, organisations can consider different methods of implementing inclusive practices like:
- Ensuring fair hiring practices: Using objective criteria like skills and experience, not age, when hiring or promoting employees. It is important to avoid any jargons or language in job descriptions that may unintentionally deter older candidates from applying.
- Fostering an Inclusive Culture: Encouraging collaboration between employees of different ages, promoting mentorship and valuing diverse perspectives. An inclusive environment where employees of all generations feel valued helps break down generational divides.
- Evaluating performance based on merit: Regularly assessing employee performance based on their contributions and not their age. This ensures that employees are recognised for their skills and achievements, rather than assumptions about their age.
- Providing diversity training: Offering regular training to raise awareness about age bias and promoting fair treatment of employees of all ages. The training should also address unconscious biases and encourage open dialogue about age-related stereotypes.
In today’s fast-paced world, work experience and a lot of transferable skills which come along with it should be valued. Do you want to ensure that your organisation is free from all forms of age-related discrimination? Write to us at hello@serein.in and we will help you build a comprehensive roadmap to create a fair and inclusive workplace for all ages!