Here’s What You Need to Know About Age Discrimination in the Workplace

Employers have a legal obligation to treat employees fairly regardless of their age. Unfortunately, this doesn’t always happen. If you suspect you’ve been treated poorly due to your age, there are a few things you need to know.

Whether you work in a corporate office or in a retail store, it’s important that you understand exactly what discrimination is and how it can affect you. While no one wants to think about the possibility of being discriminated against, the truth is that many adults experience this at their places of business. Although most workers are familiar with the ideas of sexual or religious discrimination, you may not be familiar with one of the most pervasive forms of discrimination. Age discrimination is something that still isn’t talked about openly. While some adults may view the idea of replacing older team members with “fresh blood” as simply a fact of life, the reality is that this is an illegal act that should be taken seriously. Whether you have been the victim of age discrimination or you know someone who has, there are a few things you need to know.

What is it?

In the United States, it is illegal for employers to terminate someone over the age of 40 simply because of their age. Similarly, employers cannot request that employees they hire be a certain age. Employers must offer a fair chance to anyone who wants to apply for a position. Whether a worker is 20 or 50, they should have a fair chance to apply for a position they are interested in and to be treated with fairness and equality once they are hired. Employers may not treat employees poorly due to their age, and doing so is cause for concern.

What should you do?

Has your employer commented on your age in a negative way? Have you noticed backhanded comments regarding the fact that you are older than other employees? Have you noticed that younger employees receive more benefits or are treated better than the older team members? Has your employer given you a hard time because you have previously filed complaints about age discrimination? If you are experiencing difficulty and you are being treated poorly by your supervisors due to your age, you need to reach out to an attorney. Note that you must be at least 40 years old to file a claim of age discrimination, as these laws do not currently apply to younger citizens.

How can a lawyer help?

Your attorney can clearly explain the rules and regulations regarding age discrimination in the US. They can help you understand exactly what you need to know about moving forward and receiving the assistance you deserve, as well as any compensation you may be entitled to. While the laws vary in each state, one thing remains for certain: an employer cannot be cruel or discriminatory simply because you are older than other team members. If you notice mistreatment of yourself or another employee who wants your help, it’s time to take action.

24/7 availability

Contact us for a
Free Case Review


Chico's FAS Inc., a Florida women's clothing chain, has become the latest retailer sued in San Francisco for

San Francisco's Gap Inc. will give thousands of California store workers nearly $1.8 million worth of clothing vouchers as compensation.

Law360, New York (August 29, 2012, 2:46 PM ET) -- A California federal judge on Tuesday signed off on a $4 million settlement


How can your employer accommodate you during your pregnancy?

You have the right to have children and a career in California. The government makes sure that employers do not treat you differently if you are pregnant. According to the U.S. Equal Employment Opportunity Commission, the Pregnancy Discrimination Act gives you certain...

Your rights in a sexual harassment case

Sexual harassment is in the news every day. Unfortunately for many workers in the San Francisco area, it is something they face on the job. The law protects you. You do not have to tolerate behavior that makes you feel uncomfortable or threatened. Your employer must...

Handling age discrimination in the tech industry

Can you have an age discrimination case if you are not yet a senior citizen? While you may not consider yourself to be on the older side of the workforce, federal employee protection against age discrimination starts at age 40. Studies show that this problem is...

Whistleblowers may be entitled to large monetary awards

Bay Area employees may have found themselves in a situation in the workplace that warrants speaking out about problems. Sometimes called whistleblowers, employees who point out flaws in a company's policies or procedures may be subject to unfair treatment. Recently, a...

Does your employer’s dress code policy discriminate against you?

When you think about discrimination in the workplace, you probably think about denial of a promotion, a good assignment or a better schedule based on your race, religion, gender or some other protected factor. However, there are hidden sources of discrimination that...

CELA - California Employment Lawyers Association
The Bar Association of San Francisco - BASF Member 2013
American Association for Justice
NELA National Employment Lawyers Association
TLPJ Trial Lawyers for Public Justice
The American Trial Lawyers Association