Age Discrimination In The Workplace
Federal and Ohio laws protect employees from age discrimination in the workplace. Employers are legally liable to an employee for making employment decisions based upon the employee’s age.
For instance, employers can be held liable for selecting a younger employee based upon age-related assumptions. These protections are important today given the employer’s misconceptions about age. Often, employers believe that younger employees bring more fresh ideas or are more adaptable, particularly to changes in technology. Basing employment decisions on such age-related misconceptions, however, is unlawful.
Situations That May Indicate Discrimination
Evidence of age discrimination in the workplace is often subtle. Some situations that may serve as evidence of this unlawful act include:
- Older employee being treated less favorable than a younger employee
- Older employee’s position being filled by a younger, less qualified employee
- Managers or fellow employees making age-related comments, jokes, and stereotypes
- No factual evidence to support the employer’s reason for making an employment decision (e.g., termination, failure to promote) involving the older worker
- Statistical evidence showing that the employer prefers younger employees to older employees
- Older employee being selected in a reduction in force, with the employee’s job duties going to younger employees