Legal Definitions - age discrimination

Age discrimination occurs when an employer, labor organization, or employment agency treats an individual less favorably in employment decisions specifically because of their age. Under federal law, this protection primarily applies to individuals who are 40 years of age or older and is prohibited by the Age Discrimination in Employment Act of 1967 (ADEA). The core issue in an age discrimination claim is whether age was a determining factor in an adverse employment action, such as hiring, firing, promotion, compensation, or job assignments.

Here are some examples to illustrate age discrimination:

• Example 1: Hiring Practices

  A highly qualified marketing professional with 20 years of experience applies for a senior marketing director position. During the interview process, the hiring manager repeatedly asks about their retirement plans, mentions the "youthful energy" of the current team, and expresses concern that the candidate might not "fit in" with the company culture. Despite the applicant's superior qualifications and relevant experience, the job is offered to a less experienced candidate in their early 30s.

  This illustrates age discrimination because the hiring manager's questions and comments, coupled with the decision to hire a younger, less experienced candidate, suggest that the applicant's age was a significant, negative factor in the hiring decision, rather than their professional capabilities.

• Example 2: Layoffs and Termination

  A manufacturing company announces a round of layoffs due to economic downturns. While the company claims the layoffs are based on performance metrics, a disproportionate number of employees over the age of 50 are let go, including several who consistently received excellent performance reviews and possessed specialized skills. Younger employees with less tenure and average performance are retained in similar roles.

  This scenario demonstrates age discrimination if the selection criteria for layoffs were applied in a way that unfairly targeted older workers, or if age was implicitly used as a factor to decide who would be terminated, despite their qualifications and performance.

• Example 3: Promotion and Career Advancement

  An experienced project manager, aged 58, has consistently delivered successful projects for their company over 12 years. They apply for a newly created senior leadership role, which aligns perfectly with their expertise. However, the position is given to a 35-year-old colleague with only five years of experience, who is told by management that they represent the "future of the company" and have "more growth potential."

  This exemplifies age discrimination because the reasons provided for denying the promotion implicitly link the decision to the older employee's age, suggesting that their perceived future tenure or "growth potential" (or lack thereof due to age) was prioritized over their proven experience and qualifications.