6 Subtle Signs of Age Discrimination At Work That Are Actually Illegal Acts

Like race discrimination and gender discrimination in the workplace, age discrimination comes in two forms: obvious and subtle discrimination.

While obvious signs of age discrimination are… well, obviously, and can include firing when you reach a certain age, or refusing to hire you because of your age, and other signs, subtle – or hidden – signs of age discrimination can be more difficult to recognize.

Even though they are subtle, the following hidden signs of age discrimination can nonetheless create a hostile workplace, thus becoming a violation of the Age Discrimination in Employment Act.

Much like an employer not believing a black employee that he doesn’t have a prior conviction history upon hiring him – which is a subtle sign of race discrimination – or a company hiring only those at least 6 feet tall when the height is clearly irrelevant to job duties – which would be a subtle sign of gender discrimination – these are some examples of hidden signs of age discrimination in the workplace.

Hiring ‘recent college grads’: the same as looking for ‘white’ or ‘straight’

Our society doesn’t tolerate job ads looking to hire those who are “white” or “straight” exclusively. But, for some reason, we do seem to tolerate it when jobs ads are asking for recent college graduates.

By the way, a Los Angeles age discrimination attorney at JML Law, a reputable law firm that has been helping employees across California sue employers and co-workers for discriminating against workers based on their age, reminds that the Equal Employment Opportunity Commission (EEOC) now recognizes job ads asking for recent college grads as age discrimination.

Hiring only “recent college graduates” is employers’ way of saying that they aren’t hiring those over 30. However, lawyers at JML Law also remind that under federal and state laws in California, you cannot file an age discrimination complaint if you’re under 40.

‘Digital natives’, ‘social media-savvy’ and other nonsense

Some employers – and co-workers, for that matter – seem to assume that just because a person is in his/her 40s or older, he/she knows nothing about technology.

That’s why some companies may put out job ads looking for “digital natives,” or “social media-savvy” workers exclusively, implying that only younger individuals could handle the duties of the job.

This may amount to a violation of the age discrimination law, as people over 40 do know how to use technology and are oftentimes more qualified to work with a computer than adults in their early 20s whose digital prowess is limited to browsing Twitter, uploading pics on Instagram and leaving nasty comments on YouTube.

‘Cultural’ differences

Imagine an employer telling a Mexican worker that they are not a good “cultural” fit to work in a predominantly white company.

However, when employers decline job applicants over 40 saying they are not a good “cultural” fit for their workplace, only a handful of people actually realize that this constitutes age discrimination.

Just because a potential employee grew up in a different era and may not be up to date with everything happening in Kim Kardashian’s life doesn’t mean he or she is not a good fit for the company.

Unless the company’s main focus is exploring the life of Kim Kardashian, people over 40 may be entitled to pursue an age discrimination claim against employers who deny their employment because of “cultural” differences.

How co-workers can create a hostile environment

But not only employers can be held liable under the age discrimination law, as co-workers may also create a hostile environment for people over 40 in a number of different subtle ways that constitute age discrimination.

Los Angeles age discrimination attorneys at JML Law have outlined a non-exhaustive list of subtle signs of age discrimination on the part of colleagues:

• making jokes that old people don’t have sex or struggle to have sex – and other jokes (even if co-workers don’t mean to offend people over 40 in the workplace, this may create a hostile environment if repeated over and over again)
• young adults at work in their early 20s discussing how their parents – who are over 40 – don’t know how to use tech or discussing other things about their parents (if said in front of colleagues over 40, this may sound offensive and create a hostile environment)
• raising their voice or shouting when talking to older co-workers (not all people over 40 need to be shouted at to hear what you’re saying).

These and many other subtle signs of age discrimination at work may allow you to take legal action against your employer or co-workers if you’re over 40 and these behaviours or remarks make doing your job impossible.

Contact an employment lawyer today to get a free initial consultation about your particular case and learn more about your legal rights. Call JML Law at 818-835-5735 or send an email for a free case initial consultation.